








^Ai:V-'M 









m 






Library of Congress. 



UNITED STATES OF AMERICA. 



Chap.i 
Shelf. 






' i 



-v4ik>v\..>w' ". ^ ,'%ri^. ^idk^ 



r 






/ 



LAWS 



l^U 



OF THE 



STATE OF CONNECTICUT 



RELATING T 




EDUCATION. 




PUBLISHED BY AUTHORITY. 



HARTFORD: 

PRESS OF CASE, LOCKWOOD & BRAINARI) 

1868. 



V" 



1 8L S 



'; < :"JV;', 



-T' 



22:526 




k 



V 



At a General Assembly of the State of Connecticut^ holden at 
Neiv Haven^ in said State on the first Wednesday in May^ in 
the year one thousand eight hundred and sixty-eight. 

Two resolutions directing the publication of all laws relating to 

Education. 

Resolved by this Assembly : That the Comptroller, be, and he 
is hereby directed to furnish each of the School Districts in this 
State, with a copy of all the Laws now in force relating to Edu- 
cation. 

Approved, July 31st, 1868. 



Resolved by this Assembly: That the Secretary of State, be 
directed to publish at once all the Laws passed i\t the present 
session, in regard to the matters pertaining to Education, and 
furnish a copy of tlie same to tlie selectmen, town clerk, and 
acting school visitor in each town in this State. 

Approved, August 1st, 18G8. 



r 

r 



LAWS OF THE STATE OF COMECTICUT, 



CONCERNING 



EDUCATION. 



CONSTITUTION OF CONNECTICUT. 

ARTICLE VIII, OF EDUCATION. 



'? 



Sec. 1. The charter of Yale College, as modified by agree- ^, ^ ,^. , 

, ^.°' r. ^i Charter of Yale 

meiit with the corporation thereoi, iii pursuance oi an act oi the coiiege. 
general assembly, passed in May, 1192, is hereby confirmed. 

Sec. 2. The fund, called the School Fund, shall remain a g^jj^^j^j j.^^^ 
perpetual fund, the interest of which shall be inviolably appro- 
priated to the support and encouragement of the public, or com- 
mon schools, throughout the state, and for the equal benefit of 
all the people thereof. The value and amount of said fund 
shall, as soon as practicable, be ascertained, in such manner as 
the general Assembly may prescribe, published, and recorded 
in the comptroller's office ; and no law shall ever be made, 
authorizing said fund to be diverted to any other use than the 
encouragement and support of public, or common schools, among 
the several school societies, as justice and equity shall require. 



AN ACT CONCERNING COMMUNITIES AND CORPORA- 
TIONS. 

GENERAL PROVISIONS RESPECTING COMMUNITIES. 

Sec. 232. The warning of every meeting of any borough, ^g^g 
city, ecclesiastical society, school society, school district, or other ^arnmgsjojpe 
public community, shall specify the objects for which such the meeting, 
meeting is to be held. 

Sec. 233. In the absence of any special appointment, the first iseo. 
selectman of any town, and the first trustee or committee manm^nitLsandcor- 

porationa. 



EDUCATION. 



Disturbance of 
nieetiogs, how 
punished. 



Agrgravated of- 
fenses. 



Moderator may 
order disorderly 
persons into cuS' 
tody, 



Power of officer 
to command as- 
sistance. 



All questions to 
be decided by a 
major vote. 



of any religious, ecclesiastical, literary, or eleemosynary society, 
and the committee of any school district, shall be the agent, ex- 
officio, of his respective community or corporation. 

Sec. 234. All towns, societies, and other communities, when 
lawfully assembled, shall have power to choose a moderator to 
preside in said meetings, unless a presiding officer for said meet- 
ing shall have been appointed in conformity to some other statu- 
tory provision, and if any person shall, by noise, tumult, 
quarreling, or by any other unlawful act, disturb such meeting, 
or prevent it from proceeding in an orderly and peaceable man- 
ner, to the choice of a moderator, or after the appohitment or 
choice of a moderator, shall vilify and abuse him, or interrupt 
him in the discharge oi his duty, or, after he has commanded 
silence, shall speak in the meeting without liberty from the mod-, 
erator, unless it be to ask reasonable liberty to speak, he shall 
forfeit to the treasury of the town where the offense is committed, 
a sum not less than one dollar nor more than seven dollars, 
according to the nature of the offense. 

Sec. 235. All offenses against the provisions of this chapter 
may be heard and determined by a justice of the peace, unless 
aggravated by some high-handed breach of the peace, in which 
case the offender shall be bound by such justice of the peace to 
the next superior court, to answer for the offense, which court 
may impose a fine upon him, according to the aggravation of the 
offense, not exceeding thirty-four dollars, to the- use of the 
treasury of such county. 

Sec. 236. The moderator of such meetings, and the presiding 
officer in electors' meetings, whenever any disorders are commit- 
ted in the meeting punishable by law, and the offender or offend- 
ers shall refuse to submit to his lawful authority, shall have 
power to order any sheriff, deputy sheriff, or constable, to take 
the oflender, or orf'enders, into custody, and, if necessary, to 
remove him or them out of such meeting, until he or they shall 
conform to order, or if need be, until such meeting shall be 
closed, and thereupon such officer shall have power to command 
all necessary assistance, as in cases of preserving the peace and 
suppressing riots, and any person, refusing to assist when com- 
manded, shall bo liable to the same penalties as for refusing to 
assist sheriffs and constables in the execution of their offices ; 
but no person commanded to assist shall be deprived of his right 
to act in the meetings, nor shall tlie offenders be so deprived any 
longer than they refuse to conform to order. 

iSEC. 237. All questions in such meetings shall be decided by 
a major vote of the qualified members present, and whenever 
tliere shall be an equal vote, the question siiall be decided by the 
moderator. 



EDUCATION. 

PROVISIONS RELATING TO PARTICULAR CORPORATIONS. 

ACADEMIES. 

Sec. 253. Any number of individuals in any town in this igss. 
state, may associate for the purpose of estabhshhig or maintain- ^^^^^^^J^^^^^ 
ing an academy school, and being so associated shall, on comply- incorporated. 
ing with the provisions of this section, be a body politic and 
corporate ; may choose a president and other officers ; may 
enact by-laws to regulate the affairs of such corporation not 
inconsistent with the laws of this state, or of the United States, 
and compel the due observance thereof by suitable penalties ; 
may sue and be sued, and do all other acts necessary and proper 
for the well ordering the affairs of such corporation, and may 
purchase and hold real or personal estate of a value not exceed- 
ing ten thousand dollars ; but before any such association shall 
be entitled to the privileges herein granted, it shall lodge with 
the secretary of this state a copy of its articles of association. 



[In addition, June 28th, 1867.] 

LITERARY AND SCIENTIFIC ASSOCIATIONS AND LIBRARY COMPANIES. 

Sec. 1. Any number of individuals in any town or city, may ^ggo^ij^tjo^g f^j. 
associate for literary or scientific purposes, or for the purpose ofii^eraryandsd- 

, 1 . , . 1 1 • 1 • 1 II' • 1 I T 1 eutific purposes, 

establishing a public library; and being so associated, shall, oiiandforestabiish- 
compliance with the provisions of this section, be a body politic del'^howln'oV^" 
and corporate; may choose a president and other officers; may p°'^'^^^'^- 
hold so much property as may be necessary for the purposes 
aforesaid; may enact by-laws for regulating the affairs of such 
corporation, not inconsistent with the laws of this State, and 
compel the due observance thereof by suitable penalties ; may 
sue and be sued, and do all acts necessary and proper for the 
well ordering of the affairs of such corporations; but before such 
association shall be entitled to the privileges herein granted, it 
shall lodge with the secretary of this State a copy of its articles 
of association. 



AN ACT CONCERNING CRIMES AND PUNISHMENTS. 

OF OFFENSES AGAINST PUBLIC PROPERTY. 

Sec. 37. Every person, who shall willfully and maliciously p^j^.^g p^^^u,. 
burn any state-house, court-house, county-house, town-house, building, 
arsenal, magazine, prison, commoji jail, workhouse, poor-house, 
market, or other building, belonging to this state, or to any 
county, town, city, or borough, in this state, or any church, 
chapel, meeting-house, or other building generally used for 



EDUCATION. 



public building. 



religious worship, or any college, academy, school-house, or other 
building generally used for literary instruction, shall suffer 
imprisonment in the Connecticut state prison, for a term not less 
than seven nor more tlian ten years. 
Attempt to burn Sec. 38. Evcry pcrson, who shall willfully attempt to burn, 
or conspire with others to burn any state-house, court-house, 
county-house, town-house, arsenal, magazine, prison, common 
jail, work-house, market, or other building belonging to this state, 
or to any county, town, city, or borough in this state, or any 
church, chapel, meeting-house, or other building generally used 
for religious worship, or any college, academy, school-house, or 
other building generally used for literary instruction, shall suffer 
imprisonment in the Connecticut state prison, for a term not less 
than two nor more than five years. 

Sec. 39. Every person, who shall, in the night season, will- 
fully and maliciously break any window, or door, in any state- 
house, court-house, house of public worship, town house, college, 
school-house, or other public building, shall be punished by fine, 
not exceeding seven dollars, or by imprisonment in a common 
jail, not exceeding thirty days, or by such fine and imprisonment 
both. 
■^gg2 Sec. 40. Every. person, who shall willfully and maliciously 

Injuries to pub- injure, or deface, any house of public worship, school-house, or 
furniture"^^ ^° othcr public buildlug, or shall willfully and maliciously injure, 
destroy, or carry away, any stove, stove-pipe, chair, table, or 
other iurniture, situate in and belonging to any house of public 
worship, school-house, or other public building, or shall willfully 
and maliciously injure, destroy, or carry away, any public lantern, 
light, or lamp, shall be punished by fine, not exceeding seven- 
teen dollars, or by imprisonment in a common jail, not exceeding 
ninety days, or by such fine and imprisonment both. 



Breaking win- 
dows, &c.,in 
public buildings 
in nigbt season. 



OP OFFENSES AGAINST DECENCY AND MORALITY. 



1857. 
Interrupting or 
disturbing 
schools. 



Sec. 214. Every person who shall, at any time, willfully in- 
terrupt or disturb any district school, or any public, private, or 
select school, while the same is in session, shall pay a fine not 
exceeding seven dollars, nor less than one dollar, or shall suffer 
imprisonment in a common jail not exceeding thirty days, or 
shall pay such fine and suffer such imprisonment both.* 



AN ACT CONCERNING THE DOMESTIC RELATIONS. 

OP THE EDUCATION AND GOVERNMENT OP CHILDREN. 

Children to be Sec. 43. All parcuts, and those who have the care of child- 
instructed. ^^^^^ ^^^^^ bring them up in some honest and lawful calling, or 

* This section includes singing schools. State v. Gager, 26 C. K. 607. What con- 
stitutes a school. State v. Gager, 28 C. R. 232. 



EDUCATION. 9 

employment, and shall instruct them, or cause them to be in- 
structed, in reading, writing, English grammar, geography, and 
the elements of arithmetic. 

Sec. 44. The selectmen, in their respective towns, shall if neglected, se- 
inspect the conduct of the heads of families, and if they find any bTnTrhem^'out. 
who neglect the education of the children under their care, they 
may admonish them to attend to their duty, and if they continue 
to be negligent, whereby the children grow rude, stubborn, and 
unruly, they shall, with the advice of a justice of the peace, take 
such children from their parents, or those who have the charge of 
them, and bind them out to some proper master, or to any suitable 
charitable institution or society incorporated and existing in this 
state for the care and instruction of such children^ males till 
twenty-one, and females till eighteen years of age, that they may 
be properly educated, and brought up in some lawful calling and 
employment. 

JSec. 45. Whenever any children, or minors, shall be stub- stubborn chud- 
born and rebellious, and shall refuse to obey the commands, and J^^jj^J^"^ *^°'^- 
resist tiie authority of their parents, or of those who have the 
charge of them, the parents, or those who have the charge of 
them, or any informing officer, may make complaint to two justi- 
ces of the peace, in the town where the parties live, and such 
justices may issue a warrant, and cause such children to be 
apprehended and brought before them ; and if, on due inquiry, 
tliey shall find them to be guilty, they may sentence them to be 
committed to the house of correction, in the town where they 
live ; or if there be none in that town, to the common jail in the 
county, to remain confined, at hard labor, so long as said justices 
of the peace shall judge proper, not exceeding thirty days ; but 
said justices, on tlie reformation of such children, may, at any 
time after the commitment, order their release, and return to 
their parents, or to those who have the charge of them. 

Sec. 46. The police courts, in all cities, where jurisdiction in . i859. 
criminal cases is committed to said courts, or to the judges there- have coSnent 
of, shall have concurrent jurisdiction with said two justices of •'""*'^^°^^°'^' 
the peace, of all complaints which may be made under the forty- 
fifth and ninety-sixth sections of this chapter, against parties 
residing within the limits of such cities respectively ; and said 
complaints may be instituted, and proceeded with, before said 
police courts in all respects, as like complaints before said two 
justices of the peace. 

Sec. 47. No child, under the age of fifteen years, shall be c^ndrlu^under 
employed to labor in any manufacturino; establishment, or in any fift'^en years ot 

1 • • !• j_ 1 11-iiini 11 sge not to be em 

Other busuiess m this state, unless suchcluld shall have attended pioyed in labor, 
some public or private day school, where instruction is given by hJ'lchoo'^th'rve 
a teacher qualified to instruct in orthography, reading, writing, ™°'''^'^^' ^*'- 
English grammar, geography, and arithmetic, at least three 
months of the twelve, next preceding any and every year, in 
which such cliild shall be so employed ; and the owner, agent, or 
superintendent, of any manulacturing establishment, who shall 
employ any child in such establishment, contrary to the provis- 



10 EDUCATION. 

ions of tliis section, shall forfeit, for each offense, a penalty of 

twenty-five dollars, to the treasurer of the state. 

Certificateof Sec. 48. A Certificate, signed and sworn to by the instructor 

teacher evidence. ^£ ^1^^ school, whcrc any cliild may have attended, that such 

child has received the instruction aforesaid, shall be deemed suf- 

Duty of school ficient evidence of the fact ; and the school visitors of the several 

visitors 

towns, personally, or by a committee by them appointed, annually, 
and as often as they shall think proper, shall examine into the 
situation of the children employed in the several manufacturing 
establishments in their respective towns, and ascertain whether 
the foregoing requirements are duly observed, and report all 
violations thereof to some informing officer, to the intent that 
prosecutions may be instituted therefor ; and all informing 
officers shall prosecute for all such violations. 
1865. Sec. 56. Each town shall make all needful provisiors, and 

Towns mav make ■ •ii'i.ij. - ii 

and enforce by- arrangcmcuts, conccrning habitual truants, and also concerning 
truantsand vf- cliildreii waudcrlng about the streets, or public places, of any 
grant chudren. city, or towii, liaviug 110 lawful occupatiou, or business, nor at- 
tending school, and growing up in ignorance, between the ages 
of seven and sixteen years ; and shall also make such by-laws, 
respecting such children, as shall be most conducive to their wel- 
fare, and the good order of such city, or town ; and suitable 
penalties shall be annexed to such by-laws, not exceeding twenty 
dollars for any one breach ; but said by-laws, shall be approved 
by the superior court sitting in any county in this state. 
Such children to Sec. 57. Any uiinor, convicted of being an habitual truant, 
^uitaSrinstftu- ^^^ ^^^7 child, coiivictcd of wandering about in the streets, or 
tions. public places, of any city, or town, having no lawful business, 

nor attending school, and growing up in ignorance, between the 
ages of seven and sixteen years, may, at the discretion of the 
justice or the court having jurisdiction of the case, instead of the 
fine mentioned in the preceding section, be committed to any 
such institution of instruction, house of reformation, or suitable 
situation as may be provided for the purpose, by such city or 
town, under the authority of the preceding section, for such 
time, not exceeding two years, as such justice or court may de- 
termine. 
Who may prose- Sec. 58. Tlic scvcral citics and towns shall appoint, at the 
^"**^" annual meetings of such towns, or annually, by the mayor and 

aldermen of such cities, three or more persons, who alone shall 
be authorized to prosecute for violation of such by-laws. 
Warrants, before Sec. 59. Warrants, issued under the three preceding sec- 
b£?™ '^^'"^°^* tions, shall be returnable before any justice of the peace, or 
judge of the police court, of the town, or city; and the justice, 
or judge, shall receive such compensation, as the city or town 
shall determine. 



OF master and servant. 



Children em- Sec. 99. The prcsidcut and directors of all factories, legally 

neTtobetaSt incorporatcd, and the proprietor, or proprietors, of all other 



EDUCATION. 11 

manufacturing establishments in this state, shall cause the child- reading, writing, 

ren, employed in such factory, or establishment, whether bound ^"^ ^" ^'^^^' 

by indenture, by parol agreement, or in any other manner, to be 

taught to read and write, and also to be instructed in the elements 

of arithmetic, provided the term of their service shall be of so 

long duration that such instruction can be given, and shall cause 

due attention to be paid to the preservation of their morals, and 

that they be required, by their masters or employers, regularly 

to attend public worship.* 

Sec. 100. The civil authority and selectmen of the towns in Board of visitors, 
which such factories, or manufacturing establishments, are, or ^ '''^'^ '^^''''^ ^^"*^" 
committee by them appointed, shall constitute a board of visitors, 
who shall, in the month of January, annually, or at such other 
times as they shall appoint, carefully examine and ascertain 
whether the requirements of this act, relating to the instruction 
and tlie preservation of the morals of the children employed as 
aforesaid, are duly observed, and if, on such examination, such 
board of visitors shall discover that the president and directors 
of any incorporated factory, or the proprietor, or proprietors of 
any manufacturing establishment, have neglected to observe said 
requirements, such board of visitors shall report such neglect to 
the next superior court, in the county where the same shall have 
occurred, and thereupon, such court shall cause the president 
and directors of such incorporated factoiy, or the proprietor or 
proprietors of such manufacturing establishment, to appear be- 
fore such court, to answer in the premises, and if, on due inquiry, 
it shall be found that such president and directors, or the pro- 
prietor, or proprietors, of such establishment, do not duly attend 
to the education of the children by them respectively employed, 
as is by this act required; or that due attention is not paid, to superior court 
preserve the morals of such children, such court shall, at its P'^iL'^.V^'l'^f'f 

1 '7 inuontures or 

discretion, either discharge the indentures, or contracts, relating Jii^pose fine, 
to such minors, and binding them to render services in such es- 
tablishment, or it may impose such fine, or forfeiture, on the 
president and directors of such factories, and on the proprietor, 
or proprietors of such establishment, as it may consider just and 
reasonable, not exceeding the sum of one hundred dollars. 

* Children thus employed, uot to be corrected by proprietors. ' Matthews v. Terry, 
10 C. K. 455. 



12 



EDUCATION. 



AN ACT CONCERNING EDUCATION. 



CHAPTER I. 



OP COLLEGES. 



Preamble. 



Who shall be 
members of said 
corporation. 



Tacancies, how 
supplied. 



Annual account 
to be rendered. 



183?. 
Quorum. 



Confirming 
clause. 



Section 1. That whereas, the corporation of Yale College, in 
consideration of a grant made to them by the general assembly, 
in the year 1792, agreed that the governor, lieutenant governor, 
and six senior assistants, should be trustees or fellows of said 
college, and whereas, by the eighth article of the constitution of 
this state, the charter, so modified, was confirmed, and the said 
corporation have since agreed, consented, and requested, tliat the 
governor, lieutenant governor, and six senior senators, should be 
members of said corporation ; therefore the governor, lieutenant 
governor, and six senior senators, for the time being, shall ever 
hereafter, by virtue of their said offices, be trustees or fellows 
of said college, and shall, together with the president and fel- 
lows of said college, and their successors constitute one corpo- 
ration, by the name and style mentioned in the charter of said 
college, and shall have and enjoy the same powers, privileges, 
and authority, in as full and ample a manner as though they 
had been expressly named and included in said charter ; and in 
case of vacancy, by the death, or resignation, or in any other way, 
of any of the other fellows of said college, and their successors, 
such vacancy shall forever hereafter be supplied by them, and 
their successors, by election, in the same manner as though this 
act had not been passed. 

Sec. 2. And the president and fellows shall, annually, ren- 
der to the general assembly an account of the receipts and ex- 
penditures of the money belonging to said college. 

Sec. 3. Whenever there shall be present, at any meeting of 
the corporation of Yale College, a majority of the fellows thereof, 
such majority shall constitute a quorum for the transaction of 
business, provided there be present a majority of those who are, 
by election, successors of the original trustees thereof, and pro- 
vided due notice of such meeting shall have been given to all the 
members of said corporation. 

Sec. 4. The proceedings of all meetings of the president and 
fellows of said corporation, duly notified as aforesaid, at which a 
majority shall have been present, as provided in the preceding 



EDUCATION. - 18 

section of this act, shall be valid, in the same manner and to the 
same extent as they would have been had a quorum been present, 
as required before the passage of this act. 

Sec. 5. Whereas, by an agreement with the corporation of 1830. 
Yale College, made in the year 1792, the six senior assistants ^f°^^^**-^' f.^.^"^- 

05 ^ n • 1 • 11 n ators in relation 

were to be trustees or fellows of said corporation, and by a fur- to Yaie coiiege, 
ther agreement, made in the year 1821, the six senior senators, ^"^^^^^^^^^ • 
instead of said assistants, were to be trustees or fellows of said 
corporation, as aforesaid, and whereas, by reason of the change 
in the mode of electing senators, prescribed in the amendment of 
the constitution, adopted in November, 1828, there may not be 
the required number of senior senators at one time in the senate, 
according to the long established method of determining the 
seniority of assistants and senators ; therefore, for the purpose of 
fulfilling said agreement, according to the original meaning and 
intention of the parties thereto, the seniority of the senators shall 
hereafter be ascertained and determined as follows, to wit : such 
senators, as shall have been previously members of the senate, 
shall be considered senior senators for the purpose aforesaid, and 
shall be arranged in the order of their official seniority, as pre- 
viously ascertained ; and those senators, who, for the first time, 
are, or shall be, elected senators, shall take their seniority for 
said purpose by lot, to be ascertained by the senate. 

Sec. 6. The funds which have been, or may be, granted, pro- 
vided by the state of Connecticut, or given by any person or per- Funds of Yaie 
sons, to the corporation of "the President and Fellows of Yale ^o'^^f^xaTiSi^' 
College, in New Haven," and by them invested and held for the ^«- 
use of that institution, shall, with the income thereof, remain 
exempt from taxation ; but the said corporation shall never hold, 
in this state, real estate, free from taxation, affording an annual 
income of more than six thousand dollars ; nor shall the private 
property of the officers of the institution be exempt from 
taxation. 

Sec. 7. The commissioner of the school fund may exchange -^^q^ 
the United States ten-forty bonds, composing the capital of the jA^g"cuiturai coi- 
agricultural college fund, with the treasurer of the state, receiv- invested in state 
ing, in lieu thereof, a like amount of the six per cent, bonds of ^°^^^' 
the state, which bonds, when received, shall be indorsed '' agri- 
cultural college bonds," and shall not be transferable, except by 
special act of the general assembly. 

Sec. 8. Said commissioner shall, semi-annually, receive and iggs. 
pay over the interest of said bonds to the president and fellows o^'^^^^^^^J^H ^^ 
Yale College, for the special purposes and upon the special con- paid semi-annu- 
ditions hereinafter set forth. Tege! 

Sec. 9. Said corporation shall devote said interest, wholly ^^ ^^ ^^.^ote,! to 
and exclusively, to the maintenance, in that department of Yale of^th^shcEr^ 
College known as the "Sheffield Scientific School," of such scientific school. 
courses of instruction, as (including the courses of instruction 
already instituted in said school,) shall carry out the intent of 
the act of Congress, entitled " an act donating public lands to 
the several states and territories, for the benefit of agriculture 



14 EDUCATION. 

and the mechanic arts," approved on the second day of July, 

1862, in the manner specially prescribed by the fourth section of 

said act. 

How one half the ^EC. 10. Said corporatiou shall furnish gratuitous education, 

ISieT^* '" ^^ ^^' ^" ^^^^ courses of instruction, to pupils who shall be annually 

nominated to pupils of said school, in such manner as the 

general assembly shall prescribe. The number of pupils, to be 

so received gratuitously into said school, shall be, in each year, 

such a number as would expend a sum equal to one-half of tlie 

said interest, for the same year, in paying for their instruction in 

said school, if they were required to pay for it at the regular 

rates, charged to other pupils of said school for the same year. 

Said pupils, so nominated and received, shall be citizens of this 

state, and shall be admitted into said school upon the same terms, 

and subject to the same rules and discipline, which shall apply to 

all other pupils of said school, with the single exception that they 

shall not be required to pay anything for their instruction. 

Annual reports Sec. 11. Said corporatlou shall annually make up and dis- 

cor^pTa^t^on^"'' *^^ tribute the reports, required by the fourth paragraph of the fifth 

section of said act of congress, 
whentheinter- Sec. 12. No portiou of Said iutcrcst sliall be paid over to said 
est tobe paid, corporation, until said corporation shall contract with this state, 
in writing, in such form as the governor shall approve, to fulfill 
and perform all the duties and obligations imposed upon it by 
this act. 
Board of Tisitors. Sec. 13. The govcmor, licutcnant govcmor, tlic thrcc scuior 
senators, and the secretary of the board of education, shall con- 
stitute a board of visitors, who shall visit said school in each 
year, and report annually thereon to the general assembly. 
1864. Sec. 14. Said visitors, with the secretary of the Sheffield 

Sairot'sh^ef^^^^^^®^^^^^^ School, shall constitute an appointing board, who shall 
field Scientific sclcct from sucli Candidates, as shall offer themselves, tliose who 

School, to select , it i j ' i t i • ji j -j • /• • • i 

pupiisforgratui- shall bc entitled to receive the gratuitous instruction m said 

tons instruction, ^^j^^^^^ 

When there are Sec. 15. lu casc tlicrc arc morc applications for the bounty 
tiontth-rnvacan-<jf thc statc, than thcrc are vacancies to be filled on the part of 
cies, the prefer, ^hc statc, said board shall give the preference to such young 

ence to whom to ^. ip-i i i i-i 

be given. mcu, as are iitting themselves lor agricultural, and mechanical, 

or manufacturing occupations in life, who are or shall become 
orphans through the death of a parent in the naval or military 
service of the United States, and, next to them, to such as are 
most in need of pecuniary assistance ; and shall provide that the 
appointments shall be distributed, as far as practicable, among 
the several counties of the state, in proportion to their pop- 
ulation. 
Secretary of the Sec. 16. Thc sccrctary of Said school shall also be the secre- 
duS '^^^ tary of said appointing board, and shall keep a record of their 
transactions ; and he shall, at least one month before the close 
of each academic year in said school, cause to be published in at 
least one newspaper in every county in this state, in which a 
newspaper may then be published, an advertisement, specifying 



EDUCATION. 15 

the number of pupils, who, by virtue of this act, are entitled to to publish annu- 
be admitted into said school for gratuitous instruction, during J/o^J^J'^^'j^^^^ej. 
the ensuino' academic year, and desio-natino^ the time and manner of ^^^i^s^ppu- 

T . , ° T. . •' , ,^ .? ... 1 -, f, cations, &c. 

m which applications may be made, to said appomting board, tor 
admission to said school. 

Sec. 17. No person shall give credit to any student of Yale ^o credit to be 
Colleo:e, or Trinity Colleo:e, beiiio; a minor, without the consent, g'^^° to minor 

?.' r.1- T n 1 1 rr ' students without 

m writing, oi his parent, or guardian, or oi such other omcer or consent of pa- 
officers of the college, as may be authorized by the government '^^'^ ' 
thereof to act in such cases, except for washing or medical aid. 

Sec. 18. If any person shall give credit to any minor, as Penalty for giv- 
aforesaid, contrary to the provisions of this act, he shall forfeit ^°^ ^^^^^'" 
to the treasurer of this state a sum not less than twenty nor more 
than three hundred dollars, according to the nature of the offense, 
at the discretion of the court, which may be recovered in any 
proper action, before any court having jurisdiction thereof.* 

Sec. 19. The attorneys for the state for the counties in which who to prose- 
said colleges are respectively located, on the complaint of any of*'"*®* 
the officers aforesaid, shall prosecute for all violations of the two 
preceding sections of this act. 



CHAPTER 11. 



OF THE NORMAL SCHOOL. 



Sec. 20. The normal school, established at New Britain, in i_s49. i865 
this state, shall remain a seminary for the training of teachers in normS School 
the art of instructing and governing the common schools of this 
state, and shall receive such applicants, as are found competent, 
in the manner hereinafter provided, and shall train them in the 
best methods of teaching and conducting common schools. 

Sec. 21. The number of pupils shall not exceed two hundred Number of pu- 
and twenty. The secretary of the board of education shall fji't;^;''^ ^^^"• 
request the board of school visitors, in each town, to forward to 
him, annually, the names of four persons, two of each sex, for 
admission to said school, whom said board, after examination, can 
recommend as suitable persons, by their age, character, talents 
and attainments, to be received as pupils in said school. Said 
board shall forward to said secretary the names of such appli- 
cants, as they shall find possessed of the qualifications, required 
of teachers of common schools, and such as they shall recommend 
for admission to said normal school, after first having received 
from said applicants a written declaration, signed with their own 
hands, that their object in seeking admission to the school is, to 

* For necessary allegations in an information under this section, sec Stiles v. Moore, 
6 C. R. 9. 



16 EDUCATION. 

become qualified to teach in common schools, and that it is their 
intention to engage in that employment in this state. 
1849. 1865. Sec. 22. Said board shall select, by lot, from the whole num- 
amesuject. bcr of applicants from each county, the proportion of pupils to 
which such county is entitled by its population, of each sex an 
equal number; but not more than one pupil shall be admitted 
from any town, until each town, from wliich an application i's 
made, shall have a pupil in the school. Said board may make 
all needful regulations for the examination of all candidates for 
admission to said school, and may approve, or reject, such per- 
sons, as may have been recommended by the school visitors in 
their respective towns. The secretary of the board shall forward 
to each pupil, appointed by the board, a certificate of such ap- 
pointment, and shall return a list ol the pupils, so appointed, to 
the principal of the school. If there shall not be a sufficient 
number of applicants, from a county, to fill the number of ap- 
pointments allowed to such county, said board shall fill the 
vacancy, by lot, from the whole number of remaining applicants. 
To all pupils so admitted to the school, the tuition, and all the 
privileges of the school, shall be gratuitous. 
School to be un- ^^^' ^^" ^^^^ board of education shall liave the application of 
der the charge of the fuuds for tlic support of tlic uormal school; the appointment 

the board of edu- j? , i ixi c ' j.a ji j_ 

eation. 01 tcacliers, and the power or removing the same ; the power to 

prescribe the studies and exercises of tlie school, rules for its 
management, and granting diplomas ; they shall report annually 
to the legislature their own doings, and the progress and condi- 
tion of the school ; and the said board of education is hereby au- 
thorized to change the location of said normal school, from time 
to time, as it may deem best for the interests of said school, and 
for the accommodation of the pupils in the different parts of the 
state, provided suitable buildings and fixtures are furnished, 
without expense to the state. 
A model primary Sec. 24. The board of cducatiou is authorized to make pro- 
tabShS!^^^' "visions for a model primary school, under a permanent teacher 
approved by such board, in which the pupils of the normal school 
shall have opportunity to practice the modes of instruction, and 
discipline, inculcated in the normal school, and may limit the 
number composing said model primary school, and, at their dis- 
cretion, may discontinue said school. 



CHAPTER III. 

OF COMMON SCHOOLS. 

1. — BOARD OF EDUCATION. 



Board\?educa ^^^' ^^' Thcrc shall bc appointed, by the general assembly, 
tion, how con^ti- four pe^sous, to bc sclccted one from each congressional district 



EDUCATION. 17 

in the state,who together with the governor and heutenant gov- 
ernor, shall constitute and be denommated the "Board of Educa- 
tion," and tlie persons so appohited shall hold their offices for the Tenure of office. 
term of four years ; but the first person named in said board shaJrl 
go out of office at the end of one year, the next named at the end 
of two years, and so of the remaining members, one retiring each 
year in the order in which they are named, till tlie whole board 
be changed, and the governor and lieutenant governor may fill, 
till the next session of the general assembly, all vacancies in said JupplJ^d.^' ^""^ 
board which may occur from death, resignation or otherwise. 

Sec. 26. The board of education shall have general supervis- powers and du- 
ion and control of the educational interests of the state; it shall *^''^^^*^*^'^^^'^'^' 
have power to direct what books shall be used in all the schools 
of the state ; shall prescribe the form of registers to be kept in 
the schools, and the form of blanks and inquiries for the returns 
to be made by the school committees; shall annually, on or 
before the third Wednesday in May, lay before the general as- 
sembly a report, containing a printed abstract of said returns, and • 
a detailed report of all the doings of the board, with such obser- 
vations upon the condition and efficiency of the system of popu- 
lar education, and such suggestions, as to the best means of im- 
proving it, as the experience and reflection of the board may 
dictate. 

Sec. 27. The board may appoint its own secretary, who 3^^^,^^^^^, ^^^^^ 
under its direction, shall make the abstracts required by the pre- ^oard how ap- 
ceding section ; he shall also suggest to the board, and to the duties. ^° 
general assembly, improvements in the system of public schools, 
and in the management of the normal school ; shall visit, as often 
as his other duties will permit, different parts of the state, for the 
purpose of awakening and guiding public sentiment in relation 
to the practical interests of education ; shall collect in his office, 
such school books, apparatus, maps, and charts, as can be ob- 
tained without expense to the state ; receive and arrange, in his 
office, the reports, and returns of the school committees, and 
receive, preserve, or distribute, the state documents in relation 
to the public schools. 

Sec. 28. He shall, under the direction of the board, give suf- g^^^^^ g^j^j^^.^ 
ficient notice of such meetings of teachers of public schools, 
members of school committees of the several towns, and friends 
of education, generally, in any county, as may voluntary assemble 
at such time and place as may be designated by the board, and 
shall at all such meetings collect information as to the public 
schools of the county, of the fulfillment of the duties of their 
office by members of school committees, and school visitors, and 
of the circumstances of the school districts in regard to puj)ils, 
teachers, books, apparatus, and methods of education, to enable 
him to furnish all information desired for the report of the board 
of education ; he shall send the blank forms of iufiuiry , the school 
registers, the annual report of the board, and his own annual 
reports to the clerks of the several towns and cities, as soon as 
they are ready for distribution. 
2 



18 



EDUCATION. 



1867. 
Salary of secreta- 
ry of the board of 
education. 



Condition of this 
act. 



Incidental ex- 
penses, how paid, 



1849. 1865. 
Duties of the 
secretary of the 
board of educa- 
tion. 



1866. 
Teachers' con- 
ventions. 



■yn<-'oo^ how 
given. 



Sec. 29. [Supplied by the following Act, approved July 
27th, 1867.] 

That the secretary of the state board of education shall receive 
from the treasury an annual salary of three thousand dollars, 
and his necessary traveling expenses, incurred in the perform- 
ance of his official duties, after they shall have been audited and 
approved by the board ; and all postages and other necessary ex- 
penses, arising in his office, shall be paid from the treasury, in 
the same manner as those of other departments of the govern- 
ment ; provided, hoivever, and this act is upon condition that said 
secretary shall devote his time exclusively to the performance of 
the duties of his said office, and that all the expenses of said sec- 
retary shall not exceed the sum of five hundred dollars per 
annum. 

Sec. 30. The incidental expenses of the board, and the ex- 
penses of the members thereof, incurred in the discharge of their 
official duties, shall be paid out of the treasury, after their 
accounts shall have been audited and allosved. 

Sec. 31. The secretary of the board of education shall exer- 
cise a general supervision over the common schools of the state ; 
shall collect information from school visitors, in the manner pro- 
vided in the one hundred and fifth section of this act, and from 
other sources ; shall prepare and submit an annual report to the 
general assembly, containing a statement of the condition of the 
common schools of the state, plans and suggestions for the im- 
provement and better organization of the common school system, 
and all such matters relating to his office, and to the interests of 
education, as he shall deem expedient to communicate. 

Sec. 32. [Repealed by Sec. 2 of the following x4ct, approved 
June 30th, 1866.] 

Sec. 1. That the board of education are hereby authorized to 
hold at one or more convenient places in the state, conventions 
of school officers, teachers and other friends of public education, 
for the purpose of instructing in the best modes of administering, 
gov'erning and teaching common schools ; and for the purpose of 
defraying the expenses of such conventions or schools, they are 
authorized to draw upon the comptroller for a sum not exceeding 
in total the sum heretofore allowed by law for this purpose, to be 
paid from the civil list fund of the state. 

Sec. 33. The said secretary shall give reasonable notice to 
each town, of the times and places of holding such schools or con- 
ventions, and such other notice to teachers, as he may deem ex- 
pedient. 



-PROPERTY OF SCHOOL SOCIETIES TRANSFERRED TO TOWNS. 



1856. Sec. 34. The several towns within this state shall provide for 

Tide°or support ^hc support of commou schools within their respective limits, and 
of common ^11 debts, Icgal obligations, or pecuniary trusts, of any school 



EDUCATION. 19 

society, heretofore existing, which pertains to schools, shall 
remain in full force against the town, or towns, within which 
such school society was situated. 

Sec. 35. The school districts, established by law, shall remain schooi districts 
school districts of the towns, within which they are situated, '^°'' 
subject to certain limitations and exceptions hereinafter men- 
tioned. 

Sec. 36. The records of school societies shall be deposited, i856 iseo. 
and forever kept, with the records of tlie towns in which such sodeties, how°° 
school societies were situated ; and where any school society lies ^''''^®'''''"^- 
within the limits of two or more towns, the records of such 
society shall be deposited, and kept, with the records of the town 
within which the greater part of the territory of such society lies. 
And said records, whether they appear to have been made at a 
meeting, held in pursuance of a warning, or otherwise, or whether 
informal or otherwise, provided the same can be clearly under- 
stood, are hereby validated and confirmed. 

Sec. 37. AH the funds, buildings, and property of every kind, Town tfhoii 
heretofore held for school purposes by the school societies, shall ^^^^^^^^^^^f^^*^- 
vest in the towns within which such school societies are situated, 
to be held by such towns for the purposes for which the same 
were held bv the societies. Where there were two, or more, 
school societies, within the limits of any one town, and any of 
such scliool societies had a permanent fund for the support of 
schools, such fund shall be held, in trust, by said town, for the 
support of schools for the inhabitants of tlie territory, formerly 
embraced within such school society; and where any scliool ^iien any sode- 

• ; 1 • .^ • jt !• ' j^ n • 1 ty lav in two or 

society lay witnin the limits oi two or more towns, and was pos- more towns, 
sessed of any permanent fund, such fund shall be divided between, eduess to teds^t 
or among such towns, and the portions so distributed shall be*^*^^- 
held by such towns, in trust, for the support of schools for the 
inhabitants of that portion of such school society, lying within 
said town ; and where any such school society was indebted such 
indebtedness shall, in the same manner, be divided between or 
among said towns. 

Sec. 38. When it shall be necessary to distribute any fund, fj'f^^4j;^jj'"f;;s 
or divide any indebtedness, between or among different towns, divided between 
in the manner provided by the preceding section, sucli distribu- 
tion, or division, shall be made by the selectmen of said towns ; 
and if they cannot agree, then, upon application of the selectmen 
of either town, by a committee of three disinterested persons, to 
be appointed by the superior court within the county, in which 
either of such towns shall be situated, who shall make report 
to said court, which report when accepted by said court, shall be 
final in the premises ; and the report of such committee, or the JJ,Xe\o'be"Je- 
agreement of the selectmen, shall be recorded at length upon the ^oi'^^-'^- 
records of each of said towns. 

Sec. 39. School societies, licretofore organized under the act issc. i857 
of 1855, entitled " an act in addition to and in alteration of an LuSes^olg^^^ 
act concerning; education," which are not co-extensive with tlic'''^'^'^"'^'^ 



hool 



.j_, V^VA«V^«-l.lvyiA, 



20 



EDUCATION. 



1855. to become 
school districts. 



To choose board 
of education. 



Powers and du- 
ties nf such board 
ot education. 



1856. 
Privileue of ex- 
isting school so- 
cieties. 

Funds, &c., of 

school societies 
to remain as 
heretofore. 



1858. 
Powers HDd du- 
ties of board of 
educHtion in cer 
tain cases. 



Returns to be 
made to the 
board. 



Ma.v appoint act 
injr school visitor 



towns within which they are situated, shall become school dis- 
tricts of said towns, with all the powers and duties of school dis- 
tricts, as specified in this act, with the following exceptions, viz : 
such school districts s]iall annually choose, on the third Monday 
of September, in each year, instead of a district committee, a 
board of education, consisting of three, six, or nine persons, in 
the manner prescribed in this act, for the election of school visit- 
ors ; and said board of education shall have all the powers and 
be subject to all the duties imposed on the district committees; 
and, in addition, thereto, shall have the general charge and su- 
perintendence of the common schools within their district, and the 
care and the management of the property and funds of tlie dis- 
trict ; they shall lodge all bonds, leases, notes, and other securi- 
ties, with the treasurer of said district, unless the same had been 
intrusted to others by the donors, or grantors, or by the general 
assembly ; they shall pay into tlie treasury of the district all 
moneys which they may receive for the support of schools ; they 
shall determine the number and qualifications of the scholars to 
be admitted into each school ; shall supply the requisite number 
of qualified teachers ; shall annually, during the first two weeks 
of the month of September, ascertain the expense of supporting 
and maintaining the schools under their superintendence, during 
the year ending the thirty-first day of the previous August, and 
report the same, together with the amount of moneys received 
towards the payment thereof, to the district at a meeting to be 
held on the third Monday in September in each year ; and shall, 
at the game time, make a full report of their doings, and the con- 
dition of the schools under their superintendence, and all import- 
ant matters concerning the same, to the district, and shall per- 
form all lawful acts which may be required of them by the dis- 
trict, and which may be necessary to carry into effect the powers 
and duties granted by this act. 

Sec. 40. All existing school societies, in which school dis- 
tricts have been abolished, may avail themselves of the privileges 
specified in the preceding sections. 

Sec. 41. The funds, buildings, and all other property of the 
school societies, specified in the two preceding sections, shall not 
be affected by this act, but shall remain, as heretofore, under the 
care and management of said school societies. 

Sec. 42. The board of education, appointed by any school 
district, organized under the thirty-ninth and fortieth sections of 
this act, shall possess all the powers, and be subject to all the 
duties within said district, which are possessed by the board of 
school visitors in the several towns, and shall make their annual 
report to the secretary ot the board of education, and their 
returns and certificates directly to the comptroller. 

Sec. 43. All the returns, by law required to be made by the 
district committee or clerk of such district, shall be made to said 
board of education. 

Sec. 44. Said board of education shall have full power to ap- 
point an acting school visitor in said district, who shall possess, 



EDUCATION. 21 

within said district, all the powers, and be subject to all the duties 
by law possessed by, and imposed upon, similar officers appointed 
by the board of school visitors of the several towns. 

Sec. 45. The authority of the board of school visitors of the Authority of 
town, in which said district is situated, shall extend only to the ^^'J^^^.g^j.^J'^^^J. 
remaining portion of said town, and their returns and certificates ed- 
shall include only the children in such remaining portion. 

Sec. 46. The comptroller of public accounts, on tlie applica- comptroller to 
tion of the board of education of such district, shall draw anfaToTofsudi'dis- 
order in favor of such district, on the treasurer, for the pi'oportioii-^[j^jj':J^g^'^P'^°^^^^^^^ 
ate amount, to which such district may be entitled, of all moneys of school money, 
appropriated by law for the benefit, support, and encouragement 
of common scliools, as is provided in respect to towns ; and the 
town in which said district is situated, shall be entitled to receive 
only its proportionate amount of such public money, for the 
children in the remaining portion of said town. 



3. — DUTIES OF TOWNS. 

Sec. 47. Every town shall elect by ballot a board of school i8o6. 
visitors, whicli shall consist of three, six, or nine members, each how^app^oinS' 
of whom shall hold his office for three years, and until another is 
chosen in his place. Said board shall be divided into three 
classes, and the term of office of each class shall expire at the 
same time, and in such manner as to make a regular vacancy in 
the board, of one class annually. Should any vacancy occur by 
deatli, resignation, or otherwise, the remaining members of the 
board may fill such vacancy, until the next annual meeting of 
the town. 

Sec. 48. At every annual meeting of the town, all vacancies Yacancies, how 
in the board shall be filled, by an election of the necessary mem-^^^"^- 
bers by ballot ; any member, elected to fill an irregular vacancy, 
shall hold his office only for the unexpired term of his prede- 
cessor. 

Si.c. 49. In case any town shall have received any per ma- where town has 
nent funds from any school society within its limits, sucli town ?uEd.TSoi 
shall annually elect, by ballot, a school fund treasurer, who shall be^eieS!''^^''*^ 
have the charge of such funds, and keep a separate account of 
the same, and make an annual report to the town of the condi- 
tion of said funds, and of his disbursements of the same, and 
who shall give bond, with surety, to the satisfaction of the select- 
men of the town, for the faithful discharge of the duties of his 
office. 

Sec. 50. The towns shall have power to establish and main- Powers of towns, 
tain common schools of different grades within their limits ; to 
pui'chase, receive and hold any real and personal property for 
school purposes, and to convey the same ; to build and repair 
school-houses ; to lay taxes, and to make all lawful contracts, 
and to adopt all lawful regulations and measures for the educa- 
tion of the children of the town. 



22 



EDUCATION. 



howT-aSeT' Sec. 51. The business of tlie towns, relating to schools, sliall 
be transacted, at regular and sj3ecial town meetings, in the same 
manner, and subject to the same regulations, as other town 
business. 

nieu^^ ^^ ^^^^"*' S^^- ^2- The selectmen shall liave the care and management 
of any property, or funds, appertaining to schools, and belonging 
to the town, and shall lodge all bonds, leases, notes, and other 
securities, with tlie treasurer, except so far as tlie same shall 
have been, or shall be, intrusted to others by the donor, or grant- 
or, or by tlie general assembly, or by the town ; they shall pay 
to the treasurer all money whicli they may collect and receive 
for the use of schools ; they shall settle and describe the boun- 
dary lines of any new scliool district, or of any existing district, 
or parts of a district, witliin their limits, where the lines are not 
now settled, and described, when applied to by the district, and 
shall cause tlie same to be entered on the records of the town ; 
they shall designate the time, place, and oi)ject, of holding the 
first meeting in any new district, and perform all other lawful 
acts which may be required of them by the town, or whicli may 
be necessary to carry into full effect the powers of towns with re- 
gard to schools. 
1856. 1861. Sec. 53. Whenever any town shall maintain any school of a 

?cifo"o\s*of°hig°her ^^ig^^er grade, for the older and more advanced children of either 

grade. gg^, the board of school visitors of such town shall prescribe rules 

and regulations for the admission of scholars into such schools, 
and for the studies, books, and classification of the same ; and 
shall examine all candidates for teachers in such school, and 
sliall give to those persons, with whose moral character, and lite- 
rary attainments, and ability to teach, they are satisfied, a certifi- 
cate, setting forth the branches he is found capable of teaching ; 
and shall visit such school, at least twice during each season for 
schooling, and may annul the certificate of any teacher in the 
manner and for the cause provided in the one hundred and fourth 
section of this act ; and said school shall receive such proportion 
of all money, provided for the support of common scliools in 
such town, as the number of scholars, attending such high school, 
shall bear to the whole number attending all the other common 
schools of the town. 
1861. Sec. 54. Such town may, at its annual meeting, or at any 

cEe ™Snmit- meeting specially warned for that purpose, choose, by ballot, a 

higheTgrade.^^^^ committee of not more than five residents of the town, who shall 
have all the powers, and discharge all the duties, in relation to 
such schools, as are by law imposed upon district committees, in 
relation to district schools. 

When the town Sec. bb. Wheiievcr any town shall fail to elect a committee, 

fails to elect com- •tt'ji t j_- ii i ic i ^ • • j. 

niittee. how ap- as providcd lu thc preceding section, the board oi school visitors 
pointed. ^i" such towu sliall appolut a committee who shall have the pow- 

ers and discharge the duties provided in the said section. 
No town to re- Sec. 56. No towu shall bc entitled to receive its share of the 
n^oITey unless re- public moucy froiii tlic trcasury of the state, unless the report, 
6e°c?etary™&t! ^"^ Tcquired by the one hundred and fifth section of this act, shall 



EDUCATION. 23 

have been made by the school visitors to the secretary of the 
board of education. 

Sec. 57. Each of the towns in this state shall annually, on or i860, isee. 
before the first day of March, raise by taxation such a sum of J^^°^i\x^ fo^ 
money as they may deem advisable, not less tlian four-tenths of a^^^p""^* ^^ ^°'^- 

•ni -in TT -in' n nr ii mou SCllOOls. 

mill on tlie dollar, on the grand list on said first oi March last 
made and perfected, and cause the same to be paid into the 
treasury of the several towns, respectively, for the benefit, sup- 
port, and encouragement of common schools ; and the whole 
amount of money so raised shall be annually distributed to the 
several school districts within each town, under the direction of 
the selectmen and school visitors. 



[In addition, July 24th, 1868.] 
Sec. 1. Each of the towns in this state shall, annually, on or ^o^°^ *? ^^^^^ 

PT»/ri • ^ •• 1 1' • "J' taxation 

before the first day of March, raise by taxation, m addition to money sufficient 
the four-tenths of a mill tax required by section fifty-seven, page schoois^free!^'^ 
three hundred and thirty-six of the General Statutes of 1866, as 
amended by an act approved June 30th, 1866, such sum of 
money as each town may find necessary to make its schools free, 
not less than six-tenths of a mill on the dollar, on the grand list, 
of said town last made and perfected, and cause the same to be 
paid into the treasury of the several towns, respectively, for the 
support of common schools ; and the whole additional amount 
of money so raised shall be annually distributed to the several 
school districts within each town, under the direction of the 
selectmen and school visitors. 

Sec. 2. If any town shall neglect to raise such sum of money, p^^^*-^ f'^'^ 
in the manner and within the time limited in the preceding sec- 
tion, or shall fail to distribute the same according to the provis- 
ions of said section, such town shall forfeit to the treasurer of 
the state a sum equal to the amount which it was the duty of 
such town to raise as aforesaid, to be recovered by said treasurer 
in an action upon the case. 

Sec. 3. This act shall take effect from the beginning of the J^^^^J^^Jectr"' 
next school year, but shall not affect any suit then pending, or 
any claims for rate of tuition in schools then in session, or ac- 
cruing during the present school year. 

Sec. 4. That sections ninety-eight, ninety-nine, one hundred, ^^p^*'- 
one hundred and one, and one hundred and two, of the "Act 
concerning Education," and all other acts and parts of acts in- 
consistent herewith, be and hereby are repealed. 

Sec. 59. Towns shall have tlie same powers, and be subject ^^^J^^t.^ ^.^^ 
to the same regulations, in taking land for school liouses, out- land for scLioi 

/» 1 I1OOS6H oCC 

buildings, and convenient accommodations for schools, as are ' 
conferred on school districts in the eighty ninth, ninetictji, ninety- 
first, ninety-second, ninety-third, and ninety-fourtli sections of 
this act. 



24 EDUCATION. 

1856. Sec. 60. Every town, in lawful meetino:, may authorize the 

School visitors to , , . . , . "^ . , ^ . , ," -^ , , 

dii.w on town school visitors in said town to draw an order on the town treas- 
iubiic'^mo^ney. ^^i^^r, in favor of such districts, as have kept their schools, in all 
respects, according to law, for their proportion of all. the public 
moneys, received from the school fund for the use of schools, in 
the hands of the treasurer, in proportion to the number of per- 
sons, between the ages of four and sixteen years in each district. 
school^^districts Sec. 61. Any town may, at any time, consolidate all the 
dated^^ ^°^^^^^' school districts therein in one district, to be known as the school 
. district of (name of the town), and shall thereupon forth- 

with take possession of all school houses, hind, apparatus, and 
other property, owned and used for scliool purposes, which such 
districts might lawfully sell and convey ; but no such consolida- 
tion shall take effect, until a majority of the school districts in 
the town shall, by a majority vote, in meetings legally warned, 
approve thereof. The property so taken shall be appraised under 
the direction of the town, and at the next annual assessment 
thereafter, a tax shall be levied upon the whole tov\^n, equal to 
the amount of said appraisal; and there shall be remitted to the 
tax payers of each district the appraised value of its property 
thus taken ; or the difference, in the value of the property of the 
several districts, may be adjusted in any other manner agreed 
upon by the parties in interest. 
dl?e(? tmJTmay ^^^- ^^- Whencvcr auy town shall consolidate its school dis- 
appoint commit- tricts, as provided in the preceding section, such town may, at 
its annual meeting, or at any special meeting called for such 
purpose, elect, by ballot, a committee of the town, not exceed- 
ing five persons in number, who shall have all the powers, and 
discharge all the duties, in relation to such school, which are, 
by law, imposed upon district committees in relation to district 
schools. 
1865. Sec. 63. Whenever application shall be made to a town to 

When school dis- /> i, t ■, ■, it,-, t , ' i • i 

triers may appeal lorm, altcr, or dissolvc, 'd schooi district, any district, aggrieved 

of^a town.^^^'^"^ by the action, or neglect of action of the town, ni the premises, 
may appeal from such action or neglect of said town, to the su- 
perior court of the county in which such town is situated. 

Appeal when Sec. 64. Sucli appeal may be taken to either of the next two 
terms, succeeding the action or neglect appealed from, and shall 
be made by a brief statement, that such appeal is taken, by whom, 
and the subject matter of such appeal, signed by the proper agent 
or attorney of tli.e appellants, to whicli shall be annexed a cita- 
tion, signed by proper authority, notifying the appellees to ap- 
pear at the court to which such appeal is taken ; and service 
thereof shall be made by some proper officer, leaving a true and 
attested copy of such appeal and citation with the town clerk, or 
one of the selectmen of such town, and with the clerk, or one of 
the district committee, of any other district interested, at least 
twelve days before the session of the court to which the same is 
made returnable. 

How disposed of. Sec. 65. Said court shall hear the parties, and shall have the 
same powers to act upon said application that said town by law 



EDUCATION. 25 

had ; and if said court sees fit, it may appoint a committee to re- 
port the facts and their opinion thereon ; and the final decree of 
said court in the premises shall be recorded in the records of said 
town ; and said court shall have full power, as to the allowance 
and taxation of costs, including the fees for the surveys, and 
copies and recording of such decree. 

Sec. 66. Xo alteration of the lines, so fixed by such decree, J;j°^g^i^°^*° 
shall be made, except by the superior court of such county ; and 
such court shall have original jurisdiction of any application for 
the purpose, made by any district interested. 



[In addition, August 1st, 1868.] 
Sec. 1. The public schools of this state shall be open to all ^"^^'^ -'^l^^o^^ 

1 . 1^ open to all 

persons between the ages of four and sixteen years, and no per- without dis- 
son shall be denied admittance to and instruction in any public or°coio?.° ^^"^^ 
school in the scliool district where such person resides, on account 
of race or color, nny law or resolution of this state heretofore 
passed to the contrary notwithstanding. 



4. — SCHOOL DISTRICTS. 

Sec. 67. Each town shall have power to form, alter, andTQ^^^;^^^ 
dissolve, school districts within its limits, and any two or moi'eai^erand dissolve 

^ , ^ T , ' . o ^• ' • ,' i.i' school districts. 

towns may lorm school districts or adjoining portions ot then- 
several towns, and may alter and dissolve the same ; but no new 
district shall be formed, wliich shall contain less than forty per- 
sons, between the ages of four and sixteen years ; and the juris- 
diction of towns, for such purposes, shall extend to districts, 
specially incorporated by act of the general assembly, in the same 
manner as to others. 

Sec. 68. Whenever it shall be proposed to remove persons, or ^y'ice to be 
taxable property, from one district and annex the same to another irTax^aWe 'pIS 
district, the district, from which such persons or property are to SkftiTan"^ 
be removed, shall be notified of such proposed alteration, by hav-o^^^^J"- 
iiig a copy of the same lodged with the clerk of the district, at 
least fifteen days before the town is called to act upon said altera- 
tion. 

Sec. 69. Every school district, heretofore formed from parts , , pj^- . 

^^cl^ool iHstricts 

of two or more towns, sliall, for all school purposes, belong to formca from two 

the town within which the school-house of said district is situ- wh^rrto Song. 

ated, unless such towns shall make some other agreement, with 

regard to the jurisdiction over such district ; and in all cases 

where any district shall hereafter be so formed, the towns, from 

wiiich the same are so formed, shall, in the formation of such 

district, agree as to the particular town to wliicli such district 

shall belong : but the inliabitants of such district shall have no 

right to vote in town meeting in any other town than that within 

which they reside. 



26 EDUCATION. 

Property in such Sec. 70. TliG pFopertj of the inhabitants of a district, 
taS*'' ^"""^ formed from two or more towns, may be taxed for school pur- 
poses in the town to whicli such district pertains ; but, for all 
other purposes, shall be taxable in the town in which such inhab- 
itants reside. 
When districts Sec. 71. Whcu SiUj two or more districts shall be consoli- 
orVvided'^^how ^atcd iuto ouc, the new district shall own all the corporate pro- 
corporate 'pro. perty of the several districts ; and when a district shall be divided, 
posed 'of° ^ ^"'the funds and property, or the income and proceeds thereof, be- 
longing to such district, shall be distributed among the several 
parts, in proportion to the number of persons, between the ages 
of four and sixteen years in each ; and in case the distribution 
shall not be made before the district is divided, and the several 
parts cannot agree, the selectmen of the town shall distribute the 
same. 
When property Sec. 72. Whcncver, ou any sucli division of any such school 
estate '^ow'^di- district, the only, or principal, property of said district shall con- 
'''^^^^' sist of a school-house, and real estate connected therewith, which 

cannot be divided between the several parts of said district, with- 
out great inconvenience, the selectmen of the town, instead of 
dividing such school-house and real estate, shall set such school- 
house and real estate to one part, and award that the otlier part 
or parts shall receive, from the part to which such school-house 
and real estate are set, such sum of money as shall, in the judg- 
ment of such selectmen, be just and right, and such award shall 
be binding upon the several parts of such district. 
District?^ ma ^^^- '^^* Auy scliool dlstrict may allow its school-liousc to bc 
allow school- vised for a private school, whenever the same is not used for a 

houses to be used ,,. iii in • -j r-jii i j_ , 

for private public scliool, oy votc 01 a majority ot the legal voters, present 
schools. ^^ ^^^y meeting of the district, legally called for that purpose. 

Associations S^C' "^ ^' -^^^ assoclatious under the statute of ISil, allowing 

formed under j^uv two or morc adioininff school districts to associate together, 
be continued and and form a uuiou district, entered into before the repeal of said 
managed accord- g^^^^^^^^ shall coutinuc to bc managed and regulated, according 
to the- provisions of the statute of 1841, any law or usage to the 
contrary notwithstanding. 
1856 1861. Sec. 75. Every school district shall hold an annual meeting, on 
when'fnnuai sucli day iu tlic uioutlis of Jul(/^ August or September in each year, 
SToke^lJ officers ^s ^^^® committce, or clerk of the district, in the notice thereof, 
to be held. may dcsiguatc, for the choice of officers, and for the transaction 
of any other business, relating to schools in said district ; and 
shall also hold a special meeting whenever the same sliall be duly 
SertingTmay be called; aud the district committee may call a special meeting, 
whenever such committee shall think necessary or proper, and 
shall call a special meeting, on the written request of five resi- 
dents, therein qualified to vote ; which request shall state the 
object of calling the same. 

Sec. 76. District meetings shall be held at the district school- 

shaii be held. ~ i^ousc ; if there be no suitable school-house, the committee shall 

determine the place of meeting ; if there be no committee, the 

clerk shall determine the same ; if there be no committee and nD 



called. 



Where meeting 



EDUCATION. 27 

clerk, the selectmen of the town, to which said district belongs, 
shall determine the place of meeting, which shall, in all cases, 
be within the limits of the district. 

Sec. 77. Notice of the time, place, and object, of every an- xofiS' of^ m-et- 
nual and special meeting of the district, shall be given, at least ^^s?^^!^^^^^^^''"' 
five days inclusive, previous to holding the same. The district 
committee, or, if there be no such committee, the clerk, or, if 
there be no committee and no clerk, the selectmen of the town, 
shall give notice of a district meetinsi;, either by publishing the 
same in a newspaper printed in the district, or, by putting notice 
on the district school-house, or on the sign-post within the dis- 
trict, or in some other mode previously designated by the dis- 
trict ; but if there be no such newspaper, school-house, or sign- 
post, or other mode so designated, the selectmen of the town, to 
which said district belongs, shall determine how and where the 
notice shall be given. The person or persons, giving such notice, 
shall, on the day of giving the notice, leave a duplicate of the 
same with the clerk of the district, who shall preserve it on 
file.* 

Sec. 78. Every person, residing in the district, qualified to-^^rhomfy^Totem 
vote in town meeting, may vote in district meetings ; and every ^i^t"^' "^^^t- 
meeting may choose its own moderator, and may adjourn from 
time to time to meet at the same, or some other place. Every 
person, who shall vote illegally in any school district meeting, 
shall forfeit the sum of seventeen dollars to the treasurer of the Penalty foriiie- 

gal voting. 

county wdiere the offense is committed ; and the attorneys for the 
state in the several counties, and grand jurors in the several 
towns, shall make presentment of every such offense. 

Sec. 79. The name, or number, and limits, of every school &c'^%fd""'ricts 
district shall be entered on the records of such district, and on *» ^^ ^*'^«^'^'^^- 
the records of the town, to which such district belongs. 

Sec. 80. Whenever the boundary lines of any district are ^ig^'^^^^'o/boun- 
not clearly settled and defined, the selectmen of the town, in ^'^^'y li^^s. 
which said district is situated, shall settle and define the same ; 
and whenever said selectmen cannot agree in settling and defin- 
ing such boundary lines, the town, to which such district belongs, 
may appoint three indifferent persons for that purpose, who shall 
have the same authority therein as is herein conferred upon said 
selectmen, and said boundary lines may, in either case, when 
necessary, be defined by an actual survey ; and when parts of 
such districts lie in two or more towns, the selectmen of the 
towns, in which any such part is situated, or, in case of disagree- 
ment, indifferent persons, appointed as aforesaid, shall settle and 
define the boundary lines of such part. 

Sec. 81. Every school district shall be a body corporate, and 
shall have power to sue and be sued, to purcliase, receive, hold 
and convey, real or personal property for school purposes ; to 

* Object of meeting, how expressed in warning ; meeting when opened ; presump- 
tions in regard to record. South Scliool Dist. r. Blakely, 13 C. R. 227. 

What is a sufficient warning. Bartlctt v. Kinsley, 15 C. R. 327. Various points 
in relation to school meetings. Same. 



£8 



EDUCATION. 



build, purchase, hire, and repair school houses, and tosupplj^the 
1856. 1865. same with fuel, furniture, and other appendages and accommo- 
ersof'^s'chooidis-dations ; to establish schools of different grades; to purchase 
tricts. maps, globes, blackboards, and otlier school apparatus ; to estab- 

lish and maintain a school library; to employ one or more teach- 
ers, and shall be holden to pay the wages of any such teacher or 
teachers, as are employed by the committee of such district in 
conformity to law ; to lay taxes for all the foregoing purposes ; 
to borrow money for any purpose for which it may lay a tax, and 
to make all lawful agreements and regulations for establishing 
and conducting schools, not inconsistent with the regulations of 
the town to which said district belongs.* 
1856. Sec. 82. Each school district shall choose, by ballot, at the 

Officers who . . ' J ' 

when and where auuual mcctiug, a committec of not more than three residents of 
chosen. ^j^^ district, a clerk, who shall be sworn, and a treasurer and col- 

lector, who shall hold their respective offices until the next an- 
nual meeting, and until others are chosen and appointed ; and 
Penalty for neg- auy pcrsou SO choscu, wlio sliall refusc or neglect to perform the 
duty.*" ^''''^'"""^ duties of the office, shall pay five dollars to tlie treasurer of the 
district, for the use of said district ; but any new district may 
choose its officers at its first, or at any subsequent meeting, called 
by the selectmen of the town, who shall hold their offices till the 
annual meeting of such school district. f 
District failing to Sec. 83. If any district, at the time for the annual meeting, 
L^hooiivisito^rto shall fail, or neglect, to appoint all, or any, of the officers re- 
appoint, quired by this act, or if any vacancy shall occur by death, re- 
moval from the district, or otherwise, the school visitors of the 
town, to which such district belongs, shall make such appoint- 
ment, and fill such vacancy, on receiving written notice thereof 
from any three members of the district, and shall lodge the name 
or names of such officers, so appointed, with the district clerk. 
Duties of district Sec. 84. Tlic district committee shall give notice of all meet- 
commi ee. .^^^^ ^^ ^^^^ distHct, iu tlic maiHier prescribed ; shall, unless oth- 
erwise directed by the district, employ one or more qualified 
teachers ; shall provide suitable school-rooms, and furnish the 
same with fuel properly prepared ; shall visit the schools, by one 
or more of their number, twice at least during each season of 
schooling ; shall, when the scholars are not properly supplied 
with books, and their parents or guardians are too poor to furn- 
ish them,, provide the same at the expense of the district ; shall 
suspend, during pleasure, or expel from school, during the cur- 
rent season, all pupils found guilty, on full hearing, of incor- 
rigibly bad conduct, and shall give such information and assist- 

* A school district may be sued, and property of its inhabitants may be taken to 
satusty the judgment. McLoud v. Selby, 10 G. li 390. 

As to tlie kind of house a school district may build. See Sheldon u. Center School 
District, 25 C. R. 224, District cannot change the site of its school-house without a 
two-thirds vote. Colt v. Roberts, 28 C R. 330. 

School houses may not be used for religious meetings. Scofield v. Eighth School 
District, 27 C. R. 499. 

t Taking the oath at any time before making the record, sufficient. Bartlett v. Kins- 
ley, 15 C. R. 327. 



EDUCATION. 



29 



ance to the school visitors of the town as they may require, and 
perform all other lawful acts, that may be necessary to carry into 
full effect the powers and duties of school districts.* 

Sfx\ 85. The clerk, treasurer, and collector, of each school P^^ers ami du- 
district, shall exercise the same powers, and perform the same treasurer ana 
duties, in their respective districts, as the clerk, treasurer, and *'°^^'^°'^" 
collector of towns do, in their respective towns. 

Sec. 86. The inhabitants of each district, in lawful meeiino- Treasurer and 

1 n 1 -11 in 111 ooUector to giTe 

shall have power to require that the treasurer and collector shall bonds if required, 
respectively give bonds to the district, for the faithful discliarge 
of the duties of their respective offices, which bonds shall be ap- 
proved by the district committee, before the treasurer or collector 
shall enter on the duties of his office. 

Sec. 87. [Supplied by the following Act, approved July 
31st, 1868.] 

Sec. 1. The vote of two-thirds of any legal meeting in any site of new school 
school district shall be necessary to fix the site of a new school of Ste of oidoue 
house, or change the site of an old one; but if such two-thirds ^^^^'^<^''^^'^^'^''^- 
vote can not be obtained in favor of any site, the school visitors 
of any town adjoining the town or towns in which such district is 
located, on application of the district, shall fix the site, and make 
return to the clerk of the town in which such site shall be. 

Sec. 2. Whenever any school visitors are called upon to per- Quoriim of 
form the duties required by this act, a majority of their board ^i'eucaliecTon to 
shall constitute a quorum. fix site. 

Sec. 3. The school district makino; such application to a board compensation of 

Oil ^ . ^chool visitors 

of school visitors, shall pay them a reasonable compensation tor employed in this 
their services. '''''''• 

Sec. 4. So much of any act now in force as is inconsistent Repeal, 
with the provisions of this act is hereby repealed. 

Sec. 88. Whenever a school district, from inability or other ;f^^ere district 

, . ' •' , , does not support 

cause, shall not support a school within the same, and the schoi-aschooi.to whom 
ars belonging thereto shall attend the school of any other dis-iey^plir °° 
trict, the town, where the enumeration of the children is made 
and returned, may receive tiie proportion of school moneys, 
which are drawn on tlie children so enumerated, from the comp- 
troller of public accounts, and pay the same over to the district 
or districts where such children actually attend school ; and a 
certificate from the committee of the school district, where such 
children have attended school, that the money is so appropri- 
ated, shall be presented to the selectmen of the town to which 
such children belong, and shall be sufficient evidence that such 
money has been appropriated according to law. 

Sec. 89. Any school district may take land, which has been ^ iS56. iss: 

1 • ji . r. •^ , 1 , r. H"^^ school dis- 

nxed upon by it, as the site of a school-house lor a common trict may take 
school, and which is necessary for that purpose, and for necessary gJUooi^JoiJe.*^ 
outbuildings, and convenient accommodations for its schools, 
upon paying to the owner just compensation therefor. If the 

*The provision of tliis section, authorizing the committee to provide school rooms, 
does not authorize a clianj^e of the site of the sehool-house without the reciuisite vote. 
Colt V. Koberts, 28 C. K. 330. 



30 



EDUCATION. 



school district, wishing to take land for the purpose aforesaid, 
cannot agree with the owner, upon the compensation to be paid 
him therefor, it may prefer its petition to tlie superior court, to 
be held in the county in which the land lies, praying that such 
compensation may be ascertained and determined by said court. 
The said petition shall be accompanied by a summons, signed by 
competent autiiority, notifying tlie owner of the land to be taken, 
to appear before the court to whicli the petition is returnable, 
and shall be served in the same manner as is provided by law for 
the service of other petitions ; and, upon said petition, said court 
sliall appoint a committee of three judicious and disinterested 
men, who, after being sworn, and after giving reasonable notice 
to the parties, shall examine the land proposed to be taken, and, 
if they approve the site, shall ascertain its value, assess such 
sum in favor of the owner as will justly compensate him there- 
for, and, in case of non-approval of said site by said committee, 
thyy shall have power to fix another site on land of the same 
owner, and proceed as aforesaid, and make report of their doings 
to said superior court ; and said court may reject the report of 
said committee, and set aside their doings, for any irregular or 
improper conduct in the performance of their duties. 
-^ggg Sec. 90. If the report of said committee be rejected and their 

Proceedings doiuo's sct asidc, tlic court aforcsaid sliall appoint anotlier com- 

■wben report is , 

set aside, and mittce, who shall procccd in the same manner as the tirst com- 
effecj; of accept- j^^^^gg r^^.g rcquircd to procccd by the preceding section ; but if 
said report shall be accepted by said court, such acceptance shall 
have the efiect of a judgment, in favor of the owners of the land 
against the petitioners, lor the amount of the assessments made 
by the committee, and execution may be issued therefor accord- 
ingly ; but said land shall not be used or inclosed by tlie school 
district, for any purpose whatever, until the amount of said 
judgment shall be paid to the party to whom it is due, or depos- 
ited for his use with the treasurer of the county. 
Committee mak- Sec. 91. Thc school district, preferring the petition aforesaid, 
lufwpaiT^™^'^ 'shall pay the committee, for making said assessment, a reason- 
able compensation for their services, which shall be taxed by the 
court to which their report is made. 
How school di?- Sec. 92. Any school district wishing to take land, which has 
knT a^^s^te* for L'6611 llxcd upou by it as the site of a school-house for a common 
school-house, school, and being unable to agree with the owner of such land 
upon the compensation to be paid him therefor, may at any time 
when the superior court is not in session in the county in which 
such land is situated, prefer its petition to either judge of the 
superior court, praying for the appointment of a committee, for 
the purposes specitied in the eighty-ninth section of this act. 
iSaid petition shall be accompanied by a summons, signed by 
competent authority, notifying the owner of the land, proposed 
to be taken, to appear before tlie judge to whom such petition is 
brought, at a time and place specitied in said summons, and shall 
be served in the same manner as is provided by law for the ser- 







QyVa^^iJ^^'^^^ 



what resula- 
tions. 



EDUCATION. 81 

vice of other petitions, at least twelve days before tlie time speci- 
fied in said summons. 

Sec. 93. Any committee, so appointed, shall have all the ^o^^rs and du- 

r. ni !• -TIP • *^'*'* ^' commit- 

powers and perform all the duties provided tor committees ap- tee. 
pointed by the superior court, in accordance with the eighty- 
ninth section of this act, and shall make report of their doings 
to the next term of the superior court, holden in the county 
wherein such district may be, upon which said superior court 
shall proceed, in all respects, as provided in said section. 

Sec. 94. The provisions of the five preceding sections shall Extending pre- 
be so extended and construed, as to authorize school districts ^jous provisions 

. -i -\ ^ n I'lT 1 'j *" cases wheie 

to take land lor necessary outbuildings, and convenient accom- houses have been 
modations for such schools, where school houses have been here- ^'^^^''^'^" 
tofore erected, as well as where they are to be erected, after the 
proceedings therein authorised have been had. 

Sec. 95. Whenever a district shall have voted to erect a new „ isss. 

Ill 1 n 1 1 •! T 1 How new school- 

schooi-house, the same shall be built, according to a plan ap- house shaii be 
proved by the board of school visitors, and by the building com- 
mittee of such district, but such officers shall not have power to 
require such district to expend any larger sum therefor, than 
such district shall vote to appropriate. 

Sec. 96. No district shall be entitled to receive any money Money from 
from the school fund of the state, unless such district shall be recdTed?°'under 
supplied with a school house, and out-buildings pertaining thereto, 
which shall be satisfactory to the board of scliool visitors. 

Sec. 97. The committee of any school district, formed from 
parts of two or more towns, shall, in their return of the names is6i. 
of the persons, between four and sixteen years of age, to the J^"™/jg''^j.°^j^^ 
school visitors of the towns to which each person thus enume-frouipaitsoftwo 
rated belongs, and shall, under oath, make return to the school 
visitors in any other town, w^hich may compose a part of such 
district, the names of those persons thus enumerated, whose 
legal residence shall be within the limits of said town, and who, 
for school purposes, are to be considered as belonging to said 
district. 

Secs. 98, 99, 100, 101, 102, repealed, 1868. 



[In addition, June 30th, 1866.] 

Sec. 1. That every town in tliis state shall assume and main- Towns to consti- 
tain the control of the common schools within its limits, subject di'«t*ric"s?°^^ ^^^ 
to such requirements and restrictions as are or may be imposed 
by the general assembly ; and for this purpose every town shall 
constitute a union sciiool district, liaving all tlie powers and 
duties of a school district, as now constituted by law, with the 
exceptions hereinafter stated. 

Sec. 2. Said union district shall elect by ballot, on the third school commit- 
Monday of September next, six, twelve, or eighteen male resi-**^' 
dents of the town as a school committee, who shall divide them- 
selves into three classes, holding office one, two, and three years 



\ 



I 



82 EDUCATION. 

respectively ; and at every subsequent annual election, two, four, 
or six members of the committee, as the case may be, shall be 
elected by ballot for a term of tliree years ; but no elector shall 
at any election vote for more than one-half of the number of per- 
sons to be elected, and the candidates having the highest number 
of votes shall be declared elected. 
Pow.rs of school Sec. 3. In Said union districts the school committee shall 
committees. \i2iVQ in general the powers and perform the duties which are. 
now devolved upon district committees and boards of school 
visitors, and especially they shall maintain in the various parts of 
the town, for a period of not less than six months annually, good 
common schools of the different grades ; they shall appoint one 
or more acting visitors or superintendent under their direction to 
examine teachers and visit schools ; they shall have the care and 
management of the property and funds of the district ; they shall 
lodge all bonds, leases, notes, and other securities, with the treas- 
urer of said district, unless the same have been intrusted to 
others by the donors or grantors, or by the general assembly ; 
they shall pay into the treasury of the district all moneys which 
they may receive for the support of schools ; they shall determine 
tlie number and qualifications of the scholars to be admitted into 
each school ; they shall supply the requisite number of qualified 
teachers ; they shall designate the schools which shall be at- 
tended by the children within their jurisdiction, and may arrange, 
if they see fi.t, with the committee of an adjacent district for the 
instruction therein of such children as may attend there more 
conveniently ; they shall fill any vacancies which may arise in 
their own number ; they shall annually, during the first two 
weeks of the month of September, ascertain the expenses of sup- 
porting and maintaining the schools under their superintendence 
during the year ending the thirty-first day of the previous 
August, and report the same, together with the amount of 
moneys received towards the payment thereof, to the district, at 
a meeting to be held on the third Monday in September in each 
year; and shall, at the same time, make a full report of their doings, 
and the condition of the schools under their superintendence, 
and all important matters concerning the same, to the district, 
and shall perform ail lawful acts which may be required of them 
by the district, or which may be necessary to carry into effect the 
powers and duties granted by this act. 
Property and Sec. 4. Said uulon distHcts shall assume the property and be 

BchoouiisSs?" ^responsible for the debts of the districts now existing within the 
limits of the several towns. The property so taken may be ap- 
praised under the direction of the town, and at the next annual 
assessment thereafter a tax shall be levied upon the whole town 
equal to the amount of said appraisal ; and there shall then be 
remitted to the tax-payers of each district the appiaised value of 
its property thus taken, less the amount of the indebtedness of 
the district ; or the difference in the value of the property of the 
several districts may be adjusted in any other manner agreed 
upon by the parties in interest. Permanent funds now vested in 



. EDUCATION. "66 

towns shall remain as berctofore in charge of the school fund 
tieasnrer of said towns. Schools organized or maintained by 
towns shall be under the jurisdiction of the union district com- 
mittee, in the same manner as schools of a lower grade. 

Sec. 5. The comptroller of public accounts, on the applica-i'ubiic moneys, 
tion of the school committee of such district, shall draw an order 
in favor of such district, on the treasurer, for the proportionate 
amount to which such district may be entitled, of all moneys ap- 
propriated by law for the benefit, support and encouragement of 
common schools, as is provided in respect to towns. 

Sec. 6. The annual meetino; of said union districts for the A^""!^!™ <^<^- 
election of officers, receiving the report of the committee, laying 
the tax, and transacting other school business, shall be held on 
the third Monday of September, at a place to be determined in 
the present year by. the selectmen, and hereafter by the school 
committee. Special meetings of the district may be called by the 
school committee at any time, and shall be called at the request 
of twenty voters. 

Sec. 7. The necessary funds for the maintenance of the com- schooi taxes. 
mon schools, beyond the income of state and local funds, shall l)e 
provided by a property tax to be levied on the grand list of the 
town, by a vote of the school district in lawful meeting convened. 

Sec. 8. All provisions of the act concerning education, incon- Repeal, 
sistent with the foregoing provisions, are hereby repealed. 

Sec. 9. This act shall take effect only in such towns as shall. This act to take 
by a majority vote in legal town meeting warned for that purpose, ^^'''^^'''^'"^*^' 
accept of the provisions of the same. 



[In addition, June 6th, 1867.] 

By the formation of any new school district, no existing dis- Existing districts 
trict shall be so reduced as to contain less than forty persons bevona''cJrt;dr 
between the ages of four and sixteen years. matioa^of ne\r^" 



[In addition, June 25th, 1867.] 

Sec. 1. Any association of school districts under the statute g^.^^,^^,,^,^^^,^^ 
of 1811, forming a union district, and any other school district fO"'"''ff*'*'-' ''^ 

. . , ./ .. 1 ^. 1 • 1 • lariiiT districts 

contammg by the enumeration last preceding, not less than six mav be divided 
hundred children, between the ages of four and sixteeii years, lllJahl'^/^Se 
may at any annual meeting, upon due notice, elect by ballot j^';:jj'^'".j;"'^^g. 
three, six, nine, or twelve male residents of the district as a spectiVe^ . 
school committee, and may provide that the committee so clcqtcd 
shall bo divided into three classes, holding office one, two and 
three years respectively ; and that at every subsequent annual 
election, one, two, three or four members of the committee, as 
the case may bo, shall bo elected by ballot for a term of three 
years. 



34 EDUCATION. 

Powers of com- Sec. 2. The commlttee so elected shall liave all the powers 
^* '^''' and perform all the duties which are now by law devolved upon 

otlier district committees. 



[In addition, June lyth, 1867.] 

Towns may con- Sec. 1. Chapter ouc huudrcd and two of the public acts of 
school districts, tlic gcucral asscmblj, passed at the May session, 1866, is hereby 
amended to read as follows : Every town in this State may at any 
annual town meeting, assume and tlienceforth maintain the con- 
trol of the common sciiools within its limits, subject to such re- 
quirements and restrictions as are or may be imposed by the gen- 
eral assembly; and lor this purpose every such town shall consti- 
tute a union school district, having all the powers and duties of 
a school district as now constituted by law, with the exceptions 
hereinafter stated. 
School commit- Sec. 2. Said uuion districts shall elect by ballot, at sucli 
^^' meeting, six, nine, twelve, or eighteen male residents of the town 

as a school committee, who shall divide themselves into three 
classes, holding office one, two, and three years, respectively, 
provided the control of its common schools by said town be so 
long continued ; and at every subsequent annual election two, 
three, four, or six members of the committee, as the case may be 
shall be elected by ballot for a term of three years, 
pcwers of school ^^^' ^' ^^^ ^^^^ uniou districts the school committee shall 
committee. havc lu gcucral the powers and perform the duties which are now 
devolved upon district committees and boards of school visitors, 
and especially they shall maintain in the various parts of the 
town, for a period of not less than six months annually, good 
common schools of the different grades; they shall appoint one 
or more acting visitors or superintendents, under their direction, 
to examine teachers and visit schools ; they shall have the care 
and management of the property and funds of the district ; they 
shall lodge all bonds, leases, notes and other securities with the 
treasurer of said district, unless the same have been entrusted to 
others by the donors, or grantors, or by the general assembly ; 
they shall pay into the treasury of the district all moneys which 
they may receive for the support of schools; they shall determine 
the number and qualifications of the scholars to be admitted into 
each school ; they shall designate the schools which shall be 
attended by the children within their jurisdiction, and may 
arrange, if they see fit, with the committee of an adjacent district 
for the instruction therein of such children as may attend there 
more conveniently ; they shall fill any vacancies which may arise 
in their own number ; they shall annually, during the first two 
weeks of the month of September, ascertain the expenses of sup- 
porting and maintaining tiie schools under their superintendence, 
during the year ending the thirty-first day of the previous August, 
and report the same, together with the amount of moneys received 
towards the payment thereof, to the district, at a meeting to be 



EDUCATION. 35 



held, unless otherwise ordered by the town as hereinafter provided, 
on the tliird Monday in September in each year, and shall at the 
same time make a full report of their doings and the condition of 
the schools under their superintendence, and all important mat- 
ters concerning the same, to the district; and shall perform all 
lawful acts which may be required of them by the district, or Avhich 
may be necessary to carry into effect the powers and duties grant- 
ed by this act. 

Sec. 4. Said union districts shall assume the property and be propertv ard 
responsible for the debts of the districts now existino- within the '^*l^*^•'^,?^;^.** ^s 

T • o ^ 1 mi 11 school districts. 

limits 01 the several towns, ihe property so taken may be ap- 
praised under the direction of the town, and at the next annual 
assessment thereafter a tax levied upon the wliole town equal to 
the amount of said appraisal ; and there shall then be remitted to 
the tax payers of each district the appraised value of its property 
thus taken, less the amount of the indebtedness of the district; 
or instead of such appraisal, tax, and remission, the difference in 
the value of the property of the several districts may be adjusted 
in any other manner agreed upon by the parties in interest. Per- 
manent funds now vested in towns shall remain as heretofore in 
charge of the scliool fund treasurer of said towns. Schools or- 
ganized or maintained by towns shall be under the jurisdiction of 
the union district committee, in the same manner as schools of a 
lower grade. 

Sec. 5. The comptroller of public accounts, on the a ppl ica- pu^uc moneys, 
tion of the school committee of such district, shall draw an order 
in favor of such district on the treasurer, for the proportionate 
amount to which such district may be entitled, of all moneys ap- 
propriated by law for the benefit, support, and encouragement of 
common schools as is provided in respect to towns; and sucli dis- 
trict shall be entitled to receive from the treasurer of the State, 
annually, and upon the like conditions as are now by law pre- 
scribed for school districts, for the purposes of school libraries, a 
sum not exceeding the aggregate amount which the former dis- 
tricts of said town might have received in like circumstances. 

Sec. 6. The annual meeting of said union districts for the 4°°"*^ ™'^'" 
election of officers, receiving the report of the committee, laying 
the tax, and transacting other school business, shall be held on 
the third Monday in September, at a place to be designated by 
tlie school committee ; or the town may by vote provide that any 
or all of such business shall be transacted at the annual town 
meeting. Special meetings of the district may be called by the 
school committee at any time, and shall be called at the request 
of twenty voters. 

Sec. 7. The necessary funds for the maintenance of tlic com- s<'i»coi tixes. 
mon schools beyond the income of State and local funds, shall be 
provided by a tax to be levied on the grand list of the town by a 
vote of tiic school district in lawful meeting convened. 

Slc. 8. Any town which shall have assumed the control of oi.'i school Vis- 
its common schools in pursuance of this act or of the act to which rc-ostHi.iisimr 
[his is an amendment, may at its second annual meeting therc-efthe 



until iffT a trial 
uniou 



3G 



EDUCATION. 



Fc^noi district after, but not previously, and at any subsequent annual meetino;, 
abandon such control and re-establish the several school districts 
therein as they were before said action ; and the property and 
funds, or the revenue or proceeds thereof belonging to said union 
district, shall be distributed by the selectmen of the town as is 
provided in sections seventy-one and seventy-two, chapter III, 
title XVI, of the general statutes, in case of division of districts ; 
provided, nevertheless, that all local funds, formerly the property 
of any of the original districts, shall be first returned, or made 
good to said districts respectively. 

Eepeai. Sec. 8. All thc provisious of the act concerning education, 

inconsistent with the foregoing provisions are hereby repealed. 
Approved, July 19th, 1867. 



-SCHOOL VISITORS. 



1856. Sec. 103. Tlie board of visitors shall prescribe rules and 

visitors?^ ^^^^^^ regulations for the management, studies, books, classification, and 
discipline, of the schools in tlie town ; and shall tliemselves, or 
by a committee by them appointed for tliat purpose, examine all 
candidates for teachers in tlie common schools of such town, and 
shall give to those persons, with whose moral character, and lite- 
rary attainments, and ability to teach, they are satisfied, a certi- 
ficate, setting forth the branches he or she is found capable of 
teaching ; but no certificate shall be given to any person, not 
found qualified to teach reading, writing, arithmetic, and gram- 
mar, thoroughly, and the rudiments of geography and history ; 
shall visit all the common schools of said town, twice, at least, 
during each season for schooling, once within four weeks after 
the opening, and again, within four weeks preceding the close of 
the school, at which visit they shall examine the register of the 
teacher, and other matters touching the school-house, library, 
studies, discipline, mode of teaching, and improvement of the 
school ; they shall make return of the number of persons, over 
four and under sixteen years of age, in said town, to the comp- 
troller, and draw orders on the same for any portion of the pub- 
lic money due to said town, as heretofore prescribed ; and they 
shall draw all orders on the town treasurer, or school fund treas- 
urer, for all moneys due the common schools of said town. 
i85g Sec. 101. The board of visitors shall annul, by a major vote 

I860. 1861. of the board, the certificates of such teachers as shall be found 

May annul certi- ^^n t i -n /• j j^i i i i 

licatesofunquai- unqualined, or who will not coniorm to the rules and the regu- 
lations adopted by the visitors, and shall submit to the town, at 
its annual meeting, a written account of their own doings and 
of the condition of the several schools within their limits, for the 
year preceding ; and said board may appoint a committee of one 
or two persons, to exercise all, or such part, of the powers, and 
perform all, or such part, of the duties, ot said visitors, as may 
be prescribed in the vote making the appointment, and the rules 



ifi^d teachers, 
&c. 



EDUCATION. 37 

and reo^iilations of said board, which committee shall be called 
the acting school visitor or visitors. 

Sec. 105. Tlie actino: school visitor, or visitors, shall visit tlie „ ,. ^s-^*^- ,. 

. t3. .' .' Duties ot aoting 

schools included in his, or their, appointment, m company with school visitors, 
one or more of the visitors, or of the district committee, if such 
attendance can be obtained ; and such visits shall be made twice 
at least during each season of schooling, in conformity with the 
provisions of this act. He or they sliall, unless otherwise directed 
by the visitors, spend at least half a day in eacli school visit ; 
and shall make a full annual report of the condition of said 
schools, and of all the important facts concerning the same, to 
tlie secretary of the board of education, on or before tiie first 
day of October, annually, and shall answer in writing all inqui- 
ries that may be propounded to liim or tliem on the subject of 
common schools, by said secretary. He or they shall also pre- 
pare an abstract of such report, to be read at the annual meeting 
of said town. 

Sec. 106. The acting scliool visitor, or visitors, of every compensation of 
town shall receive, for the time actually employed in the per- uors^' ^"^ 
formance of the duties prescribed in this act, the sum of two isss. 
dollars each, per day, to be paid out of the treasury of the town 
in which the school-houses of the schools, visited by him or them, 
are situated, if he or they shall have made his or their annual 
report, in the manner prescribed in the preceding sections, and 
his or their account shall be approved by the visitors of the town. 



[In addition, June 6th, 1867.] 

It shall be the duty of the committee of every school district Acting school 
to give to the acting school visitor or visitors, whose duty it is to notmedScom- 
visit the school or schools of said district, notice of the date of "?l"'"^"^*^°*/^°^ 

' • _ _ close 01 each. 

the commencement and close of each school term, within one school term, 
week of said commencement, and at least four weeks before said 
close, respectively ; and no district school shall be certified to 
have been kept according to law, which, by reason of the neglect 
to give sucli notice, shall fail to be visited by the acting school 
visitor or visitors, as by law provided. 



6. — DISTRICT committees. 



to 



Sec. 107. The committee of every district sliall, on or before committee to 
the fifteenth day of September in each year, make a written ">i'''^-,^*^r"'"*^^' 

, , , fT , . . n 1 school Visitors 

report to the board oi school visitors of the town, which shall 
state : 

1. The whole term for which a school or schools in such dis-i-:"^jectsof re- 
trict shall have been kept by a qualified teacher or teachers, ^°"' 
during the year ending the thirty-first day of August, and how 
much of said term was winter school, and how much summer 
scliool. 






38 EDUCATION. 

2. The amount of money received from the school fund of the 
state, town deposit fund, local funds, town tax, district tax, rate 
bills, and all contributions, whether in board, fuel, or otherwise, 
for the year ending the thirty-first day of August. 

3. Tlie whole number of children, between the ages of four 
and sixteen years, the number of each sex in the summer school, 
and in the winter scliool, the average attendance both summer 
and winter of each sex, and the number of pupils attending 
school, over sixteen years of age. 

4. The number of male, and of female teachers employed, and 
for how long a time eacli. 

5. The wages oi male teachers per month, and of female 
teachers per week, including board, when received as a part of 
the teacher's compensation. 

6. The amount expended during the year for school buildings, 
• for apparatus and library, and for other school purposes. 

7. The different branches taught in the schools, the number of 
pupils in each branch, the number of public examinations, lec- 
tures, visits, and by whom, and such other information as may 
be required by the board of visitors, or by the secretary of the 
board of education. 

Public money ^EC. 108. No district shall be entitled to receive its share of 
withheld, when, fc^e public moucy from the state treasury, unless the report, re- 
quired by the next preceding section, shall have been made by 
the committee of the district. 



7. — TEACHERS. 

Teachers must Sec. 109. No teachcr shall be employed in any school, sup- 
receiye certifi- ported bv auv Dortiou of thc Dublic money, until he has received 

cate of examma- ^ • n n • • ^ ^ • - ii 

tion and appro- a Certificate of exammation and approbation, signed by a major- 
vStors/""^ ity of the board of visitors, or by all the committee by them ap- 
pointed, nor shall any teacher be entitled to draw any portion of 
his wages, so far as the same are paid out of any public money 
appropriated by law to scliools, unless he can produce sucli cer- 
tificate, dated previous to the opening of his school; but no new 
certificate shall be necessary, when the teacher is continued in 
the same school more than one term, unless the visitors shall 
require it. 
^ ^ 8ec. 110. Everv teacher, in any common district school, shall 

Teachers to keep . ,, " . ^ ,*' •iiij^i iiixi 

register. eutcr lu a oooK or a register, to be provided by the clerk, at the 

expense of the district, the names of all the scholars attending 
school, their ages, the date when they commenced, the length of 
time they continued, and their daily attendance, together with 
tlie day of the montli on which such school was visited by the 
school visitors of the tow^n, or committee by them appointed; 
which book or register shall be open, at all times, to the inspec- 
tion of all persons interested, and shall be delivered over by the 
teacher, at the close of the term, to the district clerk, togetl.er 
with a certified abstract, showing the whole number of pupils 



EDUCATION. 39 

enrolled, the number of males and females, and the average daily 
attendance. The teacher, so far as practicable, shall furnish to 
the district committee such information, with regard to matters 
appertaining to the school, as such committee shall require. 



[In addition, June 25th, 1867.] 

Sec. 1. That the State Board of Education is hereby author- uniform school 
ized to have printed and distributed, uniform blank registers to ^^^,'^(5^^ ^Jy^^^^ 
be kept in the public schools, of such form as may be prescribed ^^oard of Educa- 
by said board. 

Sec. 2. The expense of printing and distributing such blanks ^^^^ paidfor 
shall be paid by the treasurer. 

Sec. 111. No teacher shall be entitled to any pay for his ser- Teacher not en- 
vices, who shall have neglected to perform the duties enjoined by ^[Jen.*^ ^''^ ' 
the next preceding section. 

Sec. 112. All examination of teachers under the one hun- Examination of 
dred and third section of this act, shall be conducted by a major- conducted, 
ity of the board of school visitors, or by all the committee by 
them appointed. 



8. — school libraries. 

Sec. 113. The treasurer of the state, upon the order of the when payments 
secretary of the board of education, is hereby authorized and Soi%Ttrkts "* 
directed to pay over the sum of ten dollars, out of any moneys ^""^ ^^^'^*"^^- 
that may be in the public treasury, to every school district which 
shall raise by tax or subscription a like sum for the same pur- 
pose, to establish within such district a school library, and to 
procure philosophical and chemical apparatus ; and the further 
sum of five dollars annually, upon a like order, to the said dis- 
tricts, upon condition that they shall have raised a like sum for 
such year, for the purposes aforesaid. 

Sec. 114. Tlie selection of books for such libraries shall be selection of 
approved by the board of visitors of each town. p?oved!° ^^ ''^' 

Sec. 115. The board of visitors of each town shall make noar.i of vi.-si tors 
proper rules and regulations for the management, use, and safoSo™;^'^^ '^*^°"* 
keeping, of such libraries. 



[In addition, July 2Tth, 1807.] 

Any school district which numbers more than one hundred <spi,ooi libraries 
scholars in actual attendance upon the common schools thereof, ""^''pp-*''"'^"*- 
may draw the appropriation now made by law for the purchase 
of library and apparatus, at the rate of one appropriation for 
every hundred such scholars, provided, that no allowance shall 
be [made in any case for the fractional part of a hundred. 



40 EDUCATION. 



CHAPTEK IV. 

OF STATE APPORTIONMENTS, TAXATION, AND EXPENSES. 

-jg.^ Sec. 116. The income of the school fund, after deducting all 

Tncorueof school expenses attending its management, shall be divided by the comp- 
tiibutej. ^ troUer of public accounts, with the advice of the commissioner 
of the school fund, and distributed among the several towns, in 
proportion to the number of persons between four and sixteen 
years of age, as ascertained by the school visitors of such towns, 
in conformity with the provisions of this act. 
1861. Sec. 117. The whole amount of money raised by the towns 

hI^'er°sV^ofTowii ^^ ^^^^^ statc, iu accordaucc with the requirements of the fifty- 
deposit fund, to seventh section of this act, and all the interest or income, arising 
from moneys known as the town deposit fund, shall annually, on 
or before tlie fourth day of March, be distributed to the several 
school districts, and parts of school districts, within the limits of 
each town, under the direction of the selectmen and school visit- 
^dve\^e?th*aY^ ^^^ j ^^^^ wliencver the public money, derived from the school 
thirty five doi- fund, will uol amouut, according to the rule of distribution, to 
^^' thirty-five dollars for a district in any one year, the selectmen 

and school visitors shall appropriate from said funds a sum suffi- 
cient to make the amount equal to thirty-five dollars. 

[In addition, July 24th, 1868.] 

Distribution of ^EC. 1. Thc moucy directed to be distributed by the one hun- 
schooi money ac- (]i.e(j ^ud scventcenth section of the act to which this is in addi- 

cordmg to the . . i n • i i ,• /• ^ 

aTerafie daily at- tiou aud alteration, shall, with the exception oi so much as may 
ten ance. |^^ ncccssary to iiiakc the amount of public money in each dis- 

trict equal to fifty dollars, be distributed to the several districts 
and parts of districts in each town according to the average daily 
attendance in schools kept as required by law, of persons residing 
in said town for the year ending the thirty-first day of August 
next preceding such distribution. 
Returns by com- ^ec 2. Tiic committcc of cacli joiut district formcd from two 
tricts formed or morc towiis shall on or before the fifteenth day of September 
tow'^s!'^'^°'^'^°'^^iii each year make returns in writing to the board of school visit- 
ors in the several towns from which each district is formed, of the 
average daily attendance of persons residing in said town, and be- 
longing to the district during the year ending the thirty-first day 
of August next preceding; and no district so formed shall be en- 
titled to receive any of the money directed to be distributed in the 
preceding section until such returns have been made. 
Repeal. Sec. 3. So much of the act to which this is in addition and 

alteration as is inconsistent herewith is hereby repealed. 

i«56. Sec. 119. No school district shall be entitled to any portion 

money inie7^ of thc pubUc moucy, unless the school in said district has been 
kepfiix mo^nths. kept by a teacher or teachers, duly qualified, for at least six 



EDUCATION. 41 

months in tbo year, and visited twice diirino^ each season by its 
visitors, nor until the district committee sliall certify that the 
public money, received by the district for the year previous, has 
been faithfully applied, and expended, in paying for the services 
of such teacher or teachers, and for no other purpose whatever. 

Sec. 120. The district committee shall annually, in the^^i'^^rict commit- 

- „ _ . , p *' „ tee annually to 

month 01 January, ascertaui the name oi every person over lour return the names 
and under sixteen years of age, who shall belong to such district °^ ^''^°^'""^'' ^^" 
on the first Monday of said month, and compose a part of the 
family of his parents, guardians, or employers, together with the 
names of such parents, guardians, or employers, and shall make 
return of the same to the school visitors of the town, to which 
such district belongs, on or before the twentieth day of January 
in each year; but in such return, no persons shall be included, 
who are residing in such districts to attend a private school, or 
for other private purposes; and such persons shall be enume- 
rated in the district where their parents or guardians reside. 

Sec. 121. In case of the absence or inability of the district J^'j;;"^^^'^*^;;^* 
committee to make the enumeration and return above required, returns, 
the clerk of the district shall do the same, in the manner, and 
within the time before prescribed. 

Sec. 122. Whenever the committee and clerk of any school ^•^"^"""^./'^ , 

J school vi-iitors to 

district shall omit to return, to the school visitors of the town, make returns. 
the enumeration of the children in their respective districts, 
within the time prescribed by law, one of the school visitors of 
such town shall make such enumeration, before the first day of 
February in each year, and return the same to said school visit- 
ors ; and for making such enumeration, sucli visitor shall be en- 
titled to receive five cents, for each child so enumerated, to be 
paid from the next dividend belonging to said district, which 
may thereafter be received from the town deposit fund. 

Sec. 123. The return, above required to be made to thei^etums to be 
school visitors, shall be subscribed by the person making the 
same, and sworn to before a magistrate, according to the follow- 
ing form: 

I do hereby certify, that I have carefully enumerated, accord- ^orm of return, 
ing to law, all persons between the ages of four and sixteen 
years, within the school district, and do find, that on the 

first Monday of January, A. D. there were residing within said 
district, and belonging thereto, the number of persons be- 

tween the ages aforesaid. 

A. B. 

On this day of A. D. personally appeared the 

above named A. B. and made oath to the truth of the above 
return by him subscribed, before me. 

C. D., Justice of the Peace. 

Sec. 121. The school visitors of the town shall examine and '^'pii""' Ti.sitor.s 

, , , , 1.^1 ,1 1 1 1 I *^o examine and 

C''**rcct the returns made to them, so tliar no person shall becorrert rp*ur-s 
enumerated twice in different districts, or be improperly re- comptroiiS!'^ '^^ 
turned, and shall prepare and transmit to the comptroller of 



42 EDUCATIO.Y. 

public accounts, on or before the fifth day of February, annually, 
a certificate, in which tlie number of persons shall be inserted, 
at full length, which shall be sworn to according to the following 
form, to wit : 
Fomiof certm- ^^e, thc school visitors of the town of do certify, that from 
the returns made to us under oath, as by law provided, we find, 
that on the first Monday of January, A. D. there were re- 

siding witliin said town, and belonging thereto, the number of 
pei'sons between the ages of four and sixteen years, and 
from the best information we have obtained, we verily believe 
that said number is correct. 

[ School Visitors. 

On this day of A. D. personally appeared the 

above named school visitors, and made oath to the truth of the 
above certificate by them subscribed, before me. 

C. D., Justice of the Peace. 

1854. Sec. 125. The school visitors shall lodge the returns made to 

vi!itorrwhere°° tlicm witli tlic trcasurcr of the town. Tlie comptroller of public 
seS' money, accouuts, ou thc application of the school visitors of any town, 
how drawn. shall draw an order on the treasurer for the amount, which such 
town may be entitled to, of all moneys appropriated by law, for 
the benefit, support, and encouragement of common schools, 
which may be in the treasury on the twenty-eighth day of Feb^ 
ruary in each year ; but no order shall be drawn in favor of any 
town, until the school visitors shall certify, in writing, under 
their hands, in the words following, to wit : 
Form of certifi- " Wc, tlic school visitors of the town of do certify that 

visTtors.^^ °° the schools in said town have been kept for at least six months 
in tlie year, ending the thirty-first day of August last, by teach- 
ers duly examined and approved, and have been visited accord- 
ing to law ; and that the moneys drawn from the public treasury 
by said town for said year, appropriated to schooling, have been 
faithfully applied and expended in paying for the services of said 
teacliers, and for no other purpose whatever. 
Dated at the day of A. D. 

j School Yisitors. 

To the Comptroller of Public Accounts. 

1856. Sec. 126. Whenever the school in any school district shall 

SlU^v^Stors to not be kept according to law, the school visitors of tlie town, to 
comptroller. wliich sucli district bclongs, shall, in their certificate or certifi- 
cates to the comptroller for the year following, state such fact, 
and also the number of children enumerated in such district, 
and the comptroller, when application is made for the school 
moneys, payable to such town for said year, shall deduct from 
the whole number of children, enumerated in such town, the 
number contained in such district, and shall draw an order for 
the benefit of the remaining districts of such town. 



EDUCATION. 43 

Sec. 127. In all cases of forfeiture of public money under in cases of fer- 
tile one hundred and nineteenth section of this act, application tion'^to ffmad'e 
shall be made to the secretary of the board of education, who JJe'i^J^^rdTfedu- 
shall examine the facts of each case, and decide, according to its^^'^on. 
equity, on the right of the applicants to receive the money so 
forfeited ; and the same shall be paid, as if no forfeiture had oc- 
curred, on his certificate to the comptroller of public accounts, 
in approbation of such payment. 

Sec. 128. If any money, appropriated to the use of schools, ^^s^^ooipo^^Jt 

'' 11T . 1 'misapplied to be 

shall be applied by a town, or a school district, to any other pur- forfeited to the 
pose, the same shall be forfeited to the state, and the comptroller^*^' 
shall sue for such money in behalf of the state, to be applied to 
the use of schools. 

Sec. 1-9. If any school visitor or school visitors shall, at any Penalty for 
time, fraudulently make a false certificate, by which money shall fSe"^^ 
be drawn from the treasury of this state, each person, so fraudu- 
lently making such certificate, shall forfeit the sum of sixty dol- 
lars to the state, to be recovered by action of debt on this statute, 
and the comptroller shall bring a suit to recover the same. 

Sec. 130. Whenever a district shall impose a tax, the same isse. iseo. 
shall be levied on all the real estate situated therein, and upon levied? ^^' 
the polls, and other rateable estate, except real estate, situated 
without the limits of such district, of those persons who are resi- 
dents therein, at the time of laying such tax; and said real 
estate shall not be taxed by any school district except the one in 
which the same is situated ; and said tax shall be made out, and 
signed, by the district committee, from the assessment list, of the 
town or towns to which said district belongs, last completed, or^ 
next to be completed, as said district shall direct; and no deduc- 
tion or abatement shall be made on account of the indebtedness 
of the owner of any estate so taxed, unless the debtor and cred- 
itor both reside in the same school district, where said real 
estate is taxed. 

Sec. 131. Such tax shall also be levied on the interest of all i^es. 

P . T , . T , . , . . Same subject. 

manuiacturing and mechanical busmess, subject to taxation, 
which is located or carried on in said district, wliether the own- 
ers reside therein or not, except so far as the same may consist 
ill real estate, situated out of the district ; and said, interest so 
taxed shall not be taxed in any other school district. 

Sec. 132. Whenever real estate, situated in one district, is now to proceed, 
so assessed and entered in the grand list, in common with other j^^J^^^^^I'/gJ^ff^*" 
estate, situated out of said district, that there is no distinct and^^eparateiy ou 

1 ' , . . . T grand list. 

separate value, put by the assessors upon the part lying in sam 
district, then said district, wishing to lay a tax as aforesaid, may 
call on one or more of the assessors, for the time being, of the 
town in which said property is situated, to assess, and they shall, 
on such application, assess the vahie of that part of said estate 
which lies in said district, and return the same to the clerk of 
said town ; and notice of such assessment, and of the meeting of 
the assessors and selectmen hereafter mentioned, shall be given 
by the district committee, in the same way as a notice for school 



44 EDUCATION. 

meetings; and at the end of fifteen days, after said assessment 
has been returned as aforesaid, said assessors and selectmen shall 
meet in such place, as said district committee shall designate in 
such notice, and shall have the same power, in relation to such 
list, as the board of relief has, in relation to sucli list of towns; 
and when such list sliall be perfected by said assessors and select- 
men, the same shall be lodged with the town clerk, and said 
assessment shall be the rule of taxation for said estate, by said 
district, for the year ensuing, and said assessors shall be paid, by 
said district, a reasonable compensation for their services. 
1859. Sec. 133. Whenever a district wishes to lay a tax, and there 

whrn\>rustafe ^^ rcal cstatc situated in said district, which has been neglected 
is omittj-d from to bc put luto tlic asscssmeut list of the town ; or, where there 

grand list n • • i i • • i 

are polls in said district, liable to taxation, which have not been 
entered in said assessment list, such district may call on one or 
more of the assessors, for the time being, of the town in which 
such neglect has occurred, who shall assess the value of such real 
estate, make a list of said polls, and add such property and polls 
to the list of the district, wisliing to lay said tax. 

Sec. 134. [Repealed, by Sec. 2 of the following Act, approved 
June 30th, 1866.] 
School tax upon Sec. 1. Whcncver a district wishes to lay a tax and lays the 
thecS^pSn same on the town last completed, and any real estate has been 
and'betorriay- ^^^^ ^^^^ couveycd, or lu aiiy way changed ownership between 
ingthetax, by tlic first dav of Octobcr next precedino^, and the time of laying 

whom paid. .-, '^ , ■,. . -,i ~' c ^ 

said tax, such district may call out one or more oi the assessors 
for the time being, of the town in which such sale, conveyance or 
change of property has occurred, who shall assess the value of 
said real estate to the person owning the same at the time of lay- 
ing said tax, and deduct the same from the list of the person in 
whose name it stood on the assessment list of the town. 
Repeal. Sec. 2. Scctioii One hundred and thirty-four of the act en- 

titled "An Act concerning Education," of which this is an amend- 
ment, is hereby repealed ; provided, nevertheless, that nothing 
herein contained shall affect any suit now pending. 



Daty of assess- Sec. 135. Tlic asscssors, in performing the duties mentioned 
°^^' in the two preceding sections, shall proceed in the manner pre- 

scribed for assessing real estate, in the one hundred and thirty- 
second section of this act. 
„, 1856. Sec. 136. The several scliool districts may appoint eitlier of 

SOllOOl QlStTlct 

may appoint the constablcs of thc town or towns, in which sucli school district 
SoS^^^^ ^°^' may be situated, to be collector of the taxes of such school district, 
whether such constable belongs to said district or not, and the 
constable, appointed such collector, on receiving any rate, tax, 
or assessment bill, from the committee of any such scliool 
district, shall forthwith collect the same, and pay the amount of 
such bill or bills into the treasury of sucli school district, and 
said constable shall be allowed such fees for collecting the same, 
as are allowed to collectors of town taxes. 



EDUCATION. 45 

[In addition, July 16th, 1863.] 

Sec. 1. That the election of any school district collector in Election ofcoi- 
accordance with section one hundred and thirty-six, Chapter iy,srhroi iisSr* 
Title XVI of the o-eneral statutes of this state shall be good if""eetingvaiia. 
made at any special meeting of any district duly warned and held 
lor that purpose, whether the said election be made to fill a va- 
cancy or to make an original appointment, and the election of any 
collector heretofore made is hereby made good, valid and bind- 
ing, and the acts and doings of said collector in pursuance of said 
election are hereby ratified and confirmed. 

Sec. 2. This act shall take effect from the date of its passage 
but shall not effect any suit now pending. 



[In addition, July 31st, 1868.] 

Sec. 1. That when a copy of the notice for a school district validating: pro- 
meeting may not have been left with the clerk, or the notice may d^^trkfmeet-^^° 
have been defective and informal; and when the clerk or other *°^^' 
officers appointed at any annual school district meeting have re- 
signed or declined to discharge the duties of the office to which 
they were appointed, and others have been appointed in their 
place, at a subsequent special meeting of such school district, or a 
change made in any of the officers of the school district at such 
special school district meeting, in consequence tliereof ; the do- 
ings of all such meetings heretofore held shall not for any such 
defective notice or change in officers of said district, or informal- 
ity aforesaid, be held invalid, but the same are hereby ratified and 
confirmed. And all taxes laid at any such annual or special 
meeting, to defray the expenses of such school district, or for any 
legal purpose, shall be valid and legal, and may be collected in 
the same manner as if there had been no such defect or informal- 
ity in the notice or change in the officers of such school district. 

Sec. 2. This act shall not affect any suit now pending, and xot to affect 
shall take effect from its passsige; provided, that this act shall n ot wSat"proceeci- 
validate the proceedings of any school district meeting which has jj^^f^^"^^ ^°'^'^^"" 
been warned or called by a minority only of the district com- 
mittee. 



INDEX. 



Academies, how incorporated, - - - - 

Agent of school district, who to be, - . - - 

Agt {cultural college fund, income of, how disposed of, 
Annual meetings of districts, when held, . - - 

Apparatus for schools, how provided, - _ _ 

Appeals from action of town, by districts, - i. - 

Board of educition, how constituted, _ _ - 

powers and duties of, - 

expenses of, how defrayed, - - - - 

To provide uniform school registers, ... 

Hoard of visitoi^s of Sheffield scientific school, 
Jiooks, how provided for indigent pupils, . . _ 

Boundary lines of districts, how settled, - . - 

Burning school house, academy or college, how puni-hi-d, 

Certificate of visitors, of enumeration of children, 
that schools have been kept according to law. 

Children, to be instructed, - - . - - . 

may be bound out by selectmen, if neglected, 
stubborn, how corrected, _ - _ - 

truant or vagrant, how disposed of, - - 

under fifteen, not to be employed in labor nnlt-ss instructed. 

Civil authority, duty of, as to children employed in factories, 

Clerk of district, when and how chosen, _ - _ 

powers of, - 

Cidlectors, district, how and when chosen, _ _ _ 

to give bonds if required, . . _ . 

districts may appoint constables to be, ... 

Committees, district, when and how appointed, 
penalty for refusal to serve as, - 
powers and duties of, . _ _ > 

of larger districts may be divided into classes, 
to notify visitors of begini«ing and close of term, 
to make written report to visitors, . - _ 

to make annual enumeration of children. 

Consolidation of districts, provision for, . - _ 

Conventions of teachers, - - - - 



7 

5 

. 13 

26 

- 39 
24 

- 16 
16, 17 

- 18 
39 

- 14 
28 

- 27 

7 

- 42 
42 

8 

9 

9 

10 

9, 10 

- 11 
28 

- 29 
28, 45 

- 29 
44 

- 28 
28 

- 28 
33 

- 37 
37 

- 41 
24, 26 
17, 18 



48 INDEX. 

Districts^ provision for consolidation of, - - - 24, 2G 

appeal by, from action of towns, - - - - 2 4 

towns may form, alter or dissolve, - - - 2o 

formed from two or more towns, where to belong, - - 25 

enumeration of children in, - - - - 31 

boundary lines of, how settled, - - - - 27 

name, number, &c., of, to be recorded, - - - 27 

not to be reduced below certain limits by formation of new ones, 3'5 

corporate powers of, - - - - - 27 

agent of, who to be, - - - - - _ ;> 

associated, under act of 1841, how managed, - - 26 

societies, under act of 1855, when to become, - - I'J 

annual and special meetings of, - - - - 2G 

officers of, how and when chosen, - - - - 28 

penalty for refusal or neglect to serve as, - - 28 

duties of, - - - - - - 28 

tax, how levied by, - - - - - 43 

change of taxable property from one, to another, - - 25 

may appoint constable collector, - - - - 44 

not supporting school, to whom school money paid, - - 29 

not to receive public money unless supplied with school hMii^e, 31 

unless school kept six months, - - - -40 

meetings, proceedings of, validated, - - - 45 

Disturbance of schools, how punished, - - _ - 8 

of school meetings, how punished, _ _ _ G 

Enumeration of children, when made and how, - - - 41 

in districts formed from two or more towns, - - 31 

Factories, children not to be employed in, unless instructed, - 9, 10 

duty of school visitors respecting, - - - 10 

board of visitors to inspect, - - - - - 11 

Funds belonging to school societies, how held and managed, - ' 19 

High schools, how regulated, - - - - - 22 

Indigent pupils, books, how provided for, - - - 2S 

interruption of schools, how punished, - - - - 8 

Library companies, how incorporated, - - - - 7 

JAbraries for schools, how provided and regulated, - - 38 

Library associations, how incorporated, - - - 7 

Xaca/ sc/zcc/yimc^^, how held and managed, - - - 19 

Meetings of school districts, when and where held, - - 2fi 

notice of, how given, - - - - - 27, 28 

what to specify, ------ 5 

who may vote in, - . - - - - 27 

powders of moderator of, - . - - - - 6 

questions how decided at, - • - - G 

Normal school, its object, and how regulated, - - - 15 



INDEX. 49 

Parents to cause children to be instructed, - - - 8 

Pahlic money, how distributed, - - - - .40 

misapplied, to be forfeited, - . - - 43 

remission of forfeiture of, how made, - - - 43 

Records of school societies, ^N\\el'Q io he, \)YQS,evveA, - - 19 

Registers to be kept by teachers, - - - - - 38 

how provided, - - - - - -39 

Reports by visitors to be made before town receives public money, 22 

of district committees to visitors, what to embrace, - - 37 

School fund to remain perpetual and inviolable, - - - o 

income of, how distributed, - - . - 40 
districts, when not to receive money from, - - 31, 38, 40 

School fund treasurer in towns, when to be chosen, - - 21 

School houses, site of, how fixed or changed, - . = - 29 

land, how taken for, ----- 23, 29 

burning, how punished, - - - - - 7 

attempting to burn, or injuring, how punished, - - 8 

may be used for private schools, when, - - - 26 

School meetings, warning of, what to specify, - - - 5 

disturbance of, how punished, - - - - 6 

power of moderator of, - - - - - 6 

questions at, how decided, - - - - - G 

Schools, to be free, ------ 23 

to be open to all, without distinction of race or color, - - 25 

interruption of, how punished, _ . - - 8 

Scientijic associations, how incorporated, - - - - 7 

Secretary of the hoard of education, his appointment and duties, 17, 18 

salary of, - - - - - - -18 

his power in cases of forfeiture of public money, - 43 

Selectmen, may bind out neglected children, - - - 9 

their duty as to children employed in factories, - - 11 

to manage school property, - - - - - 22 

when to determine time and place of district meeting, - 27 

Sheffield scientific school, provisions relating to, - - 13, 14 

Stubborn children, how corrected, - _ - - 9 

7'ax, enough to be raised by, to render schools free, - - 23 

how levied by districts, - - - - ■ - 43 

Taxable properly, notice to be given of change of, to another district, 25 

Taxation of property in districts formed from two or more towns, 20 

Teachers, conventions of, - - - - - 17, 18 

how examined, - - - - - - 3G, 39 

to receive certificate of examination before employment, - "i'i 

to keep registers, ----- ;]8, 39 

Town deposit fund, income of, how distributed, - - - 40 

Towns, powers of, respecting schools, - - - - 21 

to provide for support of schools, - - - 18,23 

when not entitled to receive public; money, - - 22 

may take land lor school purposes, - - - - 23 

may form, alter and dissolve districts, - - - 25 
4 



50 INDEX. 

^bi^J^is may make provision respecting truant children, - - 10 

Treasurer of district, when and how cliosen, - - - 28 

to give bonds if required, - - - - - 29 

Trinity college, credit not to be given to students of, - - 15 

Truant o,nd vagrant children, \\Q\v ^x^y^o'Si^A Q^, - - - lU 

Union districts, under act of 1841, liow managed, - - 26, 33 

under act of 1866, - - - - - - 31 

under act of 1867, - - - - - 34 

Visitors, how appointed, - - - - --21 

tlieir duty respecting children emj)loyed in factories, - 10 

their duties, in general, - - - - - 'd'o 

compensation of, - - - - - - 37 

to be notified of commencement and close of term, - - 37 

7*eport to be made to, by district committees, - - 37 

to examine returns of enumeration of children, - - 41 

to appoint district officers, when, - - - - 28 

of adjoining town to fix site of school house, when, = - 29 

Warning of school meetings, what to specify, - - = 5 

Yale College, charter confirmed, - - » - - 5 

corporation of, - - - - - - 12 

credit not to be given to students of, - . . - 15 

income of agricultural college fund to be paid to, - - IS 



"T^'^^^pym 



